HIGH COURT OF KERALA
SHIRLY D SOUZA – Appellant
Versus
MARIE FERNANDEZ@MARIE CELIN D SOUZA – Respondent
Petitioner preferred A.S.No.68/2017 which is
now pending before the District Court, Kollam
challenging the final decree in O.S.No.160/1998 of
additional Sub Court, Kollam. Along with the
application, I.A.No.404/2017 was filed seeking
stay of the execution proceedings. Contending
that there is substantial delay in the
consideration of the above appeal, the appellants
have approached this Court.
2.
When the matter was taken up, learned
counsel for the respondents contended that the
original petition was filed at a stage when
delivery was ordered to be effected in execution.
Definitely, the appellant is entitled for a fair
hearing of the appeal. It was submitted by the
learned counsel for the respondents that the
respondents have no objection in directing the
court below for an expeditious consideration of
Exts.P5 & P6 applications for stay.
3.
Having considered these facts, I am
inclined to dispose of the O.P.(C) itself with a
direction to the lower appellate court to take up
A.S. No.68/2017 as expeditiously as possible and
to dispose of the appeal itself within an outer
limit of four months from the date or re-opening
after the mid
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