OP(C) NO. 943 OF 2025 1 2025:KER:29242 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 OP(C) NO. 943 OF 2025 AGAINST THE ORDER/JUDGMENT IN AS NO.12 OF 2025 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT,ATTINGAL ARISING OUT OF THE ORDER/JUDGMENT DATED IN EP NO.9 OF 2024 OF MUNSIFF COURT,VARKALA PETITIONER: GASAL SABIJAN AGED 32 YEARS S/O SABIJAN, KULANGARA HOUSE, KAYALPURAM DESOM, AYIROOR VILLAGE, VARKALA, PIN - 695310 BY ADVS. V.V.SURESH M.L.SURESH KUMAR RESPONDENTS: 1 PRABHAVATHY AGED 69 YEARS W/O KOMALAN, KIZHAKKEVILA VEEDU, VENKULAM DESOM, EDAVA, VARKALA CURRENTLY RESIDING AT CRYON VILLA, CLARANS STREET M 24 DW, ENGLAND, PIN - 695311 2 SHERIN D/O KOMALAM SOBHANA, KIZHAKKEVILA VEEDU, VENKULAM DESOM, EDAVA, VARKALA CURRENTLY RESIDING AT CRYON VILLA, CLARANS STREET M 24 DW, ENGLAND, PIN - 695311 3 SUNIL S/O KOMALAN SOBHANA, KIZHAKKEVILA VEEDU, VENKULAM DESOM, EDAVA, VARKALA CURRENTLY RESIDING AT CRO 11 D, OP(C) NO. 943 OF 2025 2 2025:KER:29242 99 GEORGE STREET, CROYDON, MARGARET AVENUE, ENGLAND, PIN - 695311 4 SEETHA SANTHOSH W/O SANTHOSH, NEDIYAVILA VEEDU, KARUNILAKKODU DESOM, VARAKALA, PIN - 695141 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 943 OF 2025 3 2025:KER:29242 JUDGMENT Dated this the 3rd day of April, 2025 The petitioner is the appellant in AS No.12 of 2025 on the files of the Sub Court, Attingal. The suit was dismissed, and the counterclaim was allowed as per decree. The counterclaim defendant was directed to hand over the vacant possession of the counterclaim scheduled shop room within 30 days of the judgment and also the counterclaim plaintiff was entitled to arrears of rent of Rs.23,400/-. The petitioner herein challenged the decree in AS No.12 of 2025 and IA No.1 of 2025, is filed to stay the operation of judgment and decree passed. The petitioner also filed EA No.5 of 2024 in E.P No.9 of 2024 under Order XXI Rule 97, 99 and 101 CPC. The said application was dismissed on 15.03.2025. 2. The order in Ext.P3 is challenged in appeal A.S.No.12 of 2025 and moved a stay as IA No.1 of 2025. The grievance of the petitioner is that the said application is not considered and prays that a direction be issued for consideration of the IA No.1 of 2025, before delivery is ordered. OP(C) NO. 943 OF 2025 4 2025:KER:29242 3. It is submitted by the learned counsel for the petitioner that against the decree, an appeal was filed, the same also dismissed. It is seen that Ext.P5 application was filed only on 24.03.2025 and the petitioner seeks disposal of the same. This Court, invoking jurisdiction under Article 227 of the Constitution of India ,has only to see that lower courts strictly comply with the procedures in law. The petitioner cannot contend that the application Ext.P5 is not considered and stay the delivery till such time. At the same time, when an application is pending, the appellate court is bound to consider the same and pass orders. Therefore, there will be a direction to the Sub Court, Attingal to dispose of IA No.1 of 2025 in AS No.12 of 2025 as expeditiously as possible. The Original Petition is disposed of as above. Sd/- BASANT BALAJI JUDGE saap OP(C) NO. 943 OF 2025 5 2025:KER:29242 APPENDIX OF OP(C) 943/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE E P NO .9/2024 IN O S NO 64/2020 DATED 29-02-2024 Exhibit P2 TRUE COPY OF THE E A NO. 5/2024 IN E P NO 9/2024 DATED 17-08-2024 Exhibit P3 TRUE COPY OF THE ORDER IN E A NO 5/2024 IN E P NO.9/2024 IN O S NO 64/2020 DATED 15- 03-2025 Exhibit P4 TRUE COPY OF THE A S NO 12/2025 DATED 24- 03-2025 BEFORE THE LEARNED SUB COURT ATTINGAL Exhibit P5 TRUE COPY OF THE I A NO 1/ 2025 IN A S 12/2025 DATED 24-03-2025 //True copy//PA to Judge