IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 4317 of 2008(L) -------------------------------------- PETITIONER: -------------------- THOMAS JOHNY, S/O. P.O.THOMAS, AGED 60 YEARS, VALIYAVILA PADINJATTETIL @ SONI VILLA, PARAKKOD MURI, ADOOR. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT: ----------------------- SMT. NAFEESAMMA, GREEN FIELD, MANGAD MURI, ENADIMANGALAM, PATHANAMTHITTA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 4317 OF 2008 = = = = = = = = = = = = = = = Dated this the 6th day of February, 2008. J U D G M E N T This writ petition is preferred against the order of the Subordinate Judge, Pathanamthitta whereby he has dismissed an application filed by the writ petitioner on the ground that no petition is filed for setting aside the exparte order. The writ petitioner is the judgment debtor in O.S.114/99. In execution of the decree the property is brought up for sale and it is posted for sale on 8.2.08. The contention of the first judgment debtor is that already an insolvency petition is pending before the very same Court as I.P.3/99 and if the decree is allowed to be executed then it will affect the whole insolvency proceedings and further the present decree holder is also a party to the insolvency petition, the matter requires consideration. It is true that the petitioner should have filed an application for setting aside the exparte order. Therefore I direct the writ petitioner W.P.C 4317 OF 2008 -:2:- herein to file appropriate application for setting aside the exparte order and also file appropriate applications bringing to the notice of the Court regarding the pendency of the insolvency petition and how it will affect if the sale is ordered in this case and the matter be decided after hearing all concerned. Since I am giving opportunity to the petitioner I direct the Court below to defer the sale till a final disposal is made on the applications filed by the writ petitioner. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-