The decree sought to be executed in E.P. No. 230/2013 is challenged in an appeal in A.S. No. 109/2014. The appeal is accompanied by an application for condonation of delay of 270 days and another application for stay of execution of the decree. The petitioner contends that a fresh appeal suit as above was necessitated in view of the order passed in A.S. No. 278/2013 filed earlier.
2. Interest of justice would be met by directing the Court of the District Judge of Kottayam to consider the application for condonation of delay and the application for stay immediately. The same shall be done within a period of one month from the date of production of this judgment.
3. Further proceedings in E.P. No. 230/2013 shall be put on hold till the applications for condonation of delay and for stay are dealt with as directed above. Needless to say that the maintainability of A.S. No. 109/2014 or the entitlement to O.P.(C) No. 1141 of 2014 2 condone the delay therein are to be decided after hearing both sides.
The Original Petition is disposed of.
V.CHITAMBARESH JUDGE DCS