IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 8833 of 2008(B) ------------------------------------ OS.399/1987 OF SUB COURT,KOTTAYAM ............................................ PETITIONER: ------------------ C.J.PAUL CHERUPILLIL, VETTUKUZHY HOUSE, VIJAYAPURAM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.K.M.VARGHESE RESPONDENTS: --------------------- 1. C.J.KUNJANNA, KUZHIMANNIL HOUSE, NALUKODIKARA, PAIPPADU VILLAGE-686 548. 2. C.J.MARIAMMA, VALIYAVEETTIL, XXX/1182, NEAR BYE PASS, PALARIVATTOM, KOCHI-682 025. 3. C.J.THRESSIAMMA, KOLLAPPILLIL HOUSE, VADUTHALA VILLAGE, ERNAKULAM DISTRICT-682 023. 4. C.J.JACOB, CHERUPILLIL HOUSE, KOTTAYAM-686 001. 5. PUSHPAMMA JOSE, CENTRAL LODGE, THIRUNAKKARA, KOTTAYAM-686 001. 6. JENCY MARY (MINOR), REPRESENTED BY PUSHPAMMA JOSE, CENTRAL LODGE, THIRUNAKKARA, KOTTAYAM-686 001. 7. JENSON JOSEPH (MINOR), REPRESENTED BY PUSHPAMMA JOSE, CENTRAL LODGE, THIRUNAKKARA, KOTTAYAM-686 001. WP(C) NO: 8833/2008 8. ALEXANDER.J.ARACKAL, ADVOCATE RECEIVER, KOTTAYAM-686 001. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 8833 OF 2008 = = = = = = = = = = = = = = = Dated this the 17th day of March, 2008. J U D G M E N T This writ petition is filed to direct the Subordinate Judge's Court, Kottayam to consider and dispose of Exts.P1, P2 and P5 on merits and defer the sale of the plaint schedule item No.2 till the disposal of those applications. Ext.P1 is a petition to review the order directing sale of item No.2 of the property. Ext.P2 is an application to review the order giving direction to the respondent by condoning the delay. Ext.P3 is an order of this Court. This Court was considering the very same matter in which the applications were marked as Exts.P3 and P4. In the earlier writ petition this Court directed the Subordinate Judge to take a decision on Exts.P3 and P4 at any rate within one month of receiving a copy of the judgment. Considering the above directions the Court extended the stay passed, for a period of another six weeks. The said order has been passed on 29th June, 2007. The learned counsel for the writ petitioner submits before me W.P.C 8833 OF 2008 -:2:- that the said application had not been disposed of yet by the Court below and unfortunately sale had been conducted on 15.3.2008. It is true that there was no stay at the time of passing of the order for sale or conduct of the sale for the reason that this Court has confined the stay for a period of six weeks but it has to be mentioned that the intention of this Court was to see that those applications were disposed of within a period of one month and it was to enable the same the Court granted a stay of six weeks. Now, the order cannot be read in isolation without complying the previous directions of this Court and hold that there is no stay and so property can be sold. If it is already sold I direct the Court below not to confirm the sale but to consider those applications on merits and pass orders and thereafter give a week's time for the party and then confirm the sale in accordance with law. With these directions this writ petition is disposed of. M.N. KRISHNAN, JUDGE. ul/-