IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 21348 of 2009(O) -------------------------- AGAINST THE ORDER IN EP 208/06 IN OS.438/2002 of MUNSIFF'S COURT, VAIKOM .................... PETITIONER(S): -------------------------- NEDHI MOL. W/O.NAZAR,VADAKKEDATHU VEETTIL,MARVANTHURUTHU KARAYIL, KULASEKHARAMANGALAM VILLAGE,RESIDING AT POLICE QUARTERS, KADUTHURUTHY. BY ADV. SRI.BABU PAUL RESPONDENT(S): --------------------------- 1. K.K.BABU, NERVAZHIYIL VEEDU, THALAYOLAPARAMBU KARA, VADAYAR VILLAGE. 2. JOSEPH, S/O.CHACKO, KALAYIL, THALAYOLAPARAMBU KARATYIL, VADAYAR VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.21348 OF 2009 -------------------------- Dated this the 29th day of July 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue a writ of certiorari or such other writ or order calling for the entire records leading to the order dated 20/07/2009 in E.A 313/2008 in E.P 208/2006 pending before the Hon'ble Munsiff Court, Vaikom and stay the same. ii) To issue such other reliefs which this Hon'ble Court may deem fit and appropriate in the facts and circumstances of this court. W.P.(C).No.21348 OF 2009 Page numbers 2. Petitioner is the sole judgment debtor in E.P 208/2006 in O.S 438/2002 on the file of the Munsiff Court, Vaikom. The decree passed in the above suit was one for money and in execution thereof the property of the judgment debtor was brought to sale. An application moved by the petitioner to set aside the sale under Order 21 Rule 90 of Code of Civil Procedure after enquiry was dismissed. Petitioner seeks breathing time to prefer an appeal against that order and till then to keep the delivery of the property in abeyance. 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented I find no notice to the respondent is necessary and it is dispensed with. Learned counsel submits that he has already applied for getting a certified copy of the order dismissing W.P.(C).No.21348 OF 2009 Page numbers his application for setting aside the sale. The learned Munsiff is directed to issue a copy of the order if applied for within two weeks from the date of receipt of a copy of this judgment. The order of the court below directing delivery of the property shall be kept in abeyance for a period of one month from the date of this judgment. Hand over a copy of the order to the counsel for the petitioner on usual terms and transmit a copy to the court below forthwith. Writ petition is disposed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv