The petitioner herein has filed an appeal before the Court of Session, Thiruvananthapuram, along with an application to condone delay, challenging Ext.P2 order passed by the Judicial First Class Magistrate Court II, Thiruvananthapuram under the Protection of Women from Domestic Violence Act. Inspite of repeated efforts notice could not be served on the respondents. Consideration of the delay application is thus being delayed. In such a situation the petitioner brought this petition for a direction to the court below to expedite proceeding on the appeal, the delay application, and also Ext.P1(b) stay petition. It is his concern that if delay is not condoned, and stay of execution is not granted by the appellate court, he will be put to difficulties and hardship. The respondents have now entered appearance in this proceeding before this Court. Thus there is constructive notice of the proceedings now pending before the appellate court. In such a situation this proceeding need not continue further. The respondents will have to make appearance O.P(Crl) No.275 of 2014 2 in the court below on the date fixed by the court and the proceedings there can continue.
In the interest of justice, both the parties are directed to appear before the court below on 6.1.2015. If the present date of posting is beyond the said date, the learned appellate judge can advance the hearing and record the presence of the parties on 6.1.2015 and proceed to hear applications.
P.UBAID JUDGE ab