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2019 Supreme(Online)(KER) 56223

HIGH COURT OF KERALA
SHIRLY D SOUZA – Appellant
Versus
MARIE FERNANDEZ@MARIE CELIN D SOUZA – Respondent


Advocates:
['JOHNSON GOMEZ', '', 'S BIJU KIZHAKKANELA', 'SRI R MOHANA BABU', 'SRI M AJITH KARICODE']

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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