JUDGMENT

The original petition has been filed seeking a direction to the Principal Subordinate Judge's Court, Thalassery to draw up decree and judgment in A.S.No.33/2023. The contention is that the appeal was dismissed pursuant to the dismissal of an application for condonation of delay and since no decree has been drawn out, the petitioner is not in a possession to challenge the order in further appeal. I find justification in the prayer.

The original petition is hence allowed directing the Principal Sub Court, Thalassery to draw up the decree and judgment in A.S.No.33/2024 which is stated to have been disposed of on 04.11.2024 to facilitate the petitioner to challenge the judgment and decree in appropriate proceedings. This shall be done within one month from the date of receipt of a copy of this judgment. Further proceedings in E.P.No.172/2022 in O.S.No.563/2015 on the file of the Munsiff Court, Thalassery shall be kept in abeyance for a period of two months.

Sd/-