This is a petition filed under Article 227 of the Constitution of India seeking a direction to the Munsiff Court, Kanjirapally to keep in abeyance the proceedings in E.P.No.28/2014 in O.S.No.209/2012 till the delay condonation petition namely, I.A.No.1662/2014 and the appeal alleged to have been filed by the petitioners as A.S.No.257/2014 before the District Court, Kottayam are considered and disposed of. 2. The petitioners are the defendants in O.S.No.209/2012 before the Munsiff Court, Kanjirapally. They suffered an order of permanent prohibitory injunction with reference to plaint B schedule property. Complaining that in violation of the decree, constructions are being put up by the defendants, the decree holder moved for execution of the decree. In the meanwhile, the defendants in the suit filed A.S.No.257/2014 and as the appeal was filed out of time, I.A.No.1662/2014 was filed for condonation O.P.(C) No.3061/2014 2 of delay.
3. This Court is given to understand that the matter stands posted before the District Court, Kottayam to 17.01.2015.
4. The complaint of the petitioners is that if in the meanwhile execution proceedings are continued, that may cause irreparable loss and injury to them.
The execution proceedings are only at an infant stage. If the petitioners are apprehensive of any order passed by the execution court, the proper remedy is to get the hearing of the appeal advanced and also to get appropriate orders from the lower appellate court. It will not be proper for this Court to interfere at this point of time.
This original petition is without merits and it is accordingly dismissed.
Sd/-
P.BHAVADASAN JUDGE smp