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2026 Supreme(Online)(Ker) 5019

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
JACOB THOMAS – Appellant
Versus
EMILY @ ALEYAMMA – Respondent
OP(CRL.) NO. 72 OF 2026 | CRL.M.APPL 351/2025 | CRL.A NO.441 OF 2025 | MC NO.9 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.SOJAN MICHEAL, SRI.CHACKO SIMON, SHRI.DELWIN B.P, SHRI.SIVASANKAR
For the Respondents: None

Timely adjudication of stay applications is essential for judicial efficiency and the resolution of tenancy disputes.

Headnote:In OP(CRL.) No. 72 of 2026, the court directed the Addl. Sessions Judge, Muvattupuzha to resolve the pending application Crl.M.App.No.351/2025 within one month as it pertained to the wife's non-residency and potential occupation of the petitioner's property. The petitioner raised concerns that the judge had not yet ruled on a previously filed stay petition. The court found no necessity to issue notice to the wife for this procedural direction.

Result: Directed to dispose within one month.

Table of Content
1. petition for judicial relief regarding residency (Para 1 , 2)
2. court's directive for timely ruling on applications (Para 3)

JUDGMENT

Dated this the 30th day of January, 2026 The petitioner who is the respondent in M.C.No.9/2024 on the filed of the Judicial First Class Magistrate Court-III, Muvattupuzha, and the appellant in Crl.A.No.441/2025 on the filed of the Addl. Sessions Court, Muvattupuzha, filed this OP for a direction to the learned Sessions Judge to pass appropriate orders in Crl.M.App.No.351/2025 in Crl.A.No.441/2025 in a time bound manner.

2. According to the learned counsel, the respondent, who is the wife of the petitioner is not residing along with the petitioner and that her attempt is to occupy the building in the name of the petitioner and one of his sons. After filing the criminal appeal he moved a stay petition and his grievance is that the learned Sessions Judge has not passed any orders in the stay petition.

3. Considering the nature of the relief claimed in this OP, I don’t feel it is necessary to issue notice to the respondent. After hearing the learned Public Prosecutor as well as the learned counsel for the petitioner, I deem it appropriate to dispose of this O.P. as follows:-

The learned Addl. Sessions Judge, Muvattupuzha is directed to dispose of Crl.M.App.No.351/2025 in Crl.A.No.441/2025 within a period of one month from the date of receipt of a copy of this Judgment.

Sd/-

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