IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 20922 of 2009(O) --------------------------------------- (OS.NO.30/1993 OF MUNSIFF MAGISTRATE COURT,MANANTHAVADY) .................... PETITIONER: ------------------- K.V.GEORGE, AGED 52, S/O.VARKEY, KURISINKAL HOUSE, MANANTHAVADY AMSOM, MANANTHAVADY TALUK, WAYANADU DISTRICT. BY ADV.MR.PRAVEEN K. JOY. RESPONDENTS: ------------------------ 1. T.S.BALASUBRAMANIAN, MANAGER, DISTRICT CO-OP.BANK, MANANTHAVADY EVENING BRANCH, MANANTHAVADY VILLAGE. 2. KADANKOTTU JAYARAJAN, S/O.GANGADHARAN, MYSORE ROAD, MANANTHAVADY VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.20922 of 2009 - O --------------------------------- Dated this the 24th day of July, 2009 J U D G M E N T This writ petition is filed seeking the following reliefs: “i) To call for the entire records of sale proceedings in E.P.No.37/2007 and to set aside the same and also direct the Munsiff Court, Manathavady to consider the claim petition E.A.No.65/2008 of the petitioner on merits, the interest of justice. ii) To call for the entire records in E.P.No.37/2007 of Munsiff Court, Mananthavady and issue appropriate direction to consider Ext.P5, Ext.P7 and P8 on merits and to keep in abeyance the entire sale proceedings till then, in the interest of justice”. 2. Petitioner filed a claim petition before the executing court resisting the decree passed in O.S.No.30/93 on the File of the Munsiff-Magistrate Court, Mananthavady. His claim petition was dismissed for default. The writ petition has been filed for seeking stay of further proceeding in the execution petition filed by the decree holder which is pending before the above court advancing a case that he has filed an application for restoring claim petition with a petition to condone delay of 10 days. W.P.(C).No.20922 of 2009 - O 2 3. I heard the counsel for the petitioner. 4. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no justifiable ground to stay the execution proceedings of a validly obtained decree which is seen to have been obtained in a suit instituted as early as in 1993. There is no merit in the writ petition and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-