IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 OP(C).No. 284 of 2010(O) ------------------------ AS.40/2010 of DISTRICT COURT,KOLLAM OS.73/2007 of MUN-MAGI COURT, PARAVOOR .................... PETITIONER:(JUDGMENT DEBTOR/DEFENDANT/APPELLANT) -------------------- SUDHAMANI, AGED 60, W/O.SUKUMARAN ACHARI PADMALAYAM, KURUMANDAL CHERRY, PARAVOOR VILLAGE KOLLAM 691 301 BY ADV. SRI.R.S.KALKURA SRI.HARISH GOPINATH RESPONDENT:(DECREE HOLDER/PLAINTIFF/RESPONDENT) --------------- SURESH BABU, AGED 51, S/O.BHASKARAN ASSAN, VAZHAVILA VEEDU, KURUMANDAL-B, PARAVUR PO, KOLLAM 691 301 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.284 of 2010 --------------------------------------- Dated this 11th day of October, 2010 JUDGMENT Judgment debtor in E.P.No.3 of 2010 in O.S.No.73 of 2007 of the court of learned Munsiff-Magistrate, Paravur is the petitioner. He has suffered a decree for payment of money and execution proceedings are on. In the meantime she preferred A.S.No.40 of 2010 before learned District Judge, Kollam and sought for stay. Learned District Judge has granted stay on condition of furnishing security for the decree amount, cost and interest within the specified time. Petitioner got an extension of time. Still, she was not able to comply, according to her as she has no sufficient landed property to be offered as security as her only property is subject to a mortgage in favour of a bank. Hence, a neighbour of her has helped her by offering cash security. In the meantime extended time for furnishing security has run out and the property is going to be sold on 12-10-2010. Hence this petition seeking direction to the learned Munsiff-Magistrate, Paravur to stop all further proceedings in E.P.No.3 of 2010 till A.S.No.40 of 2010 is disposed of. O.P(C).No. 284 of 2010 : 2 : 2. The direction sought for cannot be granted since appeal is pending before learned District Judge and any request regarding stay of execution is to be decided by that court. If time provided for furnishing security has run out, petitioner has to approach learned District Judge for extension of time if she is otherwise entitled to that course. I find no reason why this court should interfere in the matter under Article 227 of the Constitution and stop execution proceedings. However, to enable petitioner approach learned District Judge with appropriate application I am inclined to direct learned Munsiff-Magistrate, Paravur to postpone the sale till 18-10-2010. Resultantly this petition is disposed of directing learned Munsiff-Magistrate, Paravur to postpone sale of the property in E.P.No.3 of 2010 in O.S.No.73 of 2007 till 18-10-2010 on condition that petitioner files an affidavit in the executing court before the scheduled time for sale undertaking to waive fresh proclamation (without prejudice to the contentions she has raised in A.S.No.40 of 2010). (THOMAS P JOSEPH, JUDGE) Sbna/-