IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 OP(C).No. 635 of 2011(O) AGAINST THE ORDER IN EP.NO.199/09 IN OS.NO.166/2001 OF ADDL.SUB COURT, KOTTAYAM PETITIONER ------------------- THOMAS JOSEPH, KANJAPARAMBIL HOUSE, NELLUMTHADOM, KANJIRAPPALLY TALUK, KOTTAYAM. BY ADV. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD SRI.T.ANURAJ RESPONDENT: --------------- SIBY GEORGE, KULATHUNKAL HOUSE, ELANJI VILLAGE, ELANJI.P.O., MUVATTUPUZHA TALUK. 686 661. ADV. SRI.LIJI.J.VADAKEDOM THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 635 OF 2011 O ------------------------------------------------------ Dated this the 30th day of May, 2011 JUDGMENT Petitioner, the judgment debtor in O.S.No.166 of 2001 on the file of the Court of the Subordinate Judge of Kottayam, filed E.A.No.138 of 2011 in E.P.No.199 of 2009 under Rule 69 of Order XXI of the Code of Civil Procedure, for adjournment or stoppage of sale. The application was filed on 10.2.2011 when the property belonging to the petitioner was sought to be sold in court auction. 2. The relief sought for in the Original Petition is to direct the Additional Sub Court, Kottayam to pass appropriate orders in E.A.No.138 of 2011 and to keep in abeyance the further proceedings in the Execution Petition including sale till the disposal of the said application. 3. It is not disputed that E.A.No.138 of 2011 is not yet disposed of. O.P.(C) NO.635 OF 2011 :: 2 :: 4. In the facts and circumstances of the case, it is only proper to direct the Additional Sub Court, Kottayam to consider and dispose of E.A.No.138 of 2011 expeditiously. Till then, the proceedings for sale of the property belonging to the petitioner shall be kept in abeyance. 5. The learned counsel for the petitioner submitted that the petitioner will not ask for adjournment of the case and will not try to protract the case. This submission is recorded. The Original Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/