IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 1369 of 2008(K) ------------------------------------- AGAINST THE ORDER DATED 22/11/2007,IN EP.819/2004 IN OS.3528/2002 OF PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER: ------------------- P.M.ANTONY, S/O.MANUEL, ALAPPAT PALATHINGAL HOUSE, MISSION QUARTERS, CHEMBUKKAVU VILLAGE, THRISSUR, REPRESENTED BY HIS POWER OF ATTORNEY AGENT, P.M.MANUEL, S/O.ALAPPAT PALATHINGAL MANUEL, MISSION QUARTERS, CHEMBUKKAVU VILLAGE, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL), ADV. SMT.R.RAJITHA. RESPONDENT: ---------------------- M/S.EMPLOYEES KURIES LTD. CHEMBUKKAVU VILLAGE, CHEMBUKKAVU.P.O., THRISSUR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.1369 OF 2008 ===================== Dated this the 11th day of January 2008 JUDGMENT This writ petition is filed challenging the order of the Prl.Munsiff, Thrissur in E.A.No.2152/2006 in E.P.No.819 of 2004 in O.S.No.3528 of 2002. The petitioner herein is the 3rd judgment debtor. The execution petition was filed for the sale of the property. It is submitted that the total decree amount comes to Rs.57,116/-. I am also informed that the property is sold. But, it is submitted that even before the sale, an application was filed, i.e. the present application, whereby the judgment debtor requested the court to get a valuation report from the Tahsildar. Whatever it may be, the sale is over and no purpose will be served by getting a valuation report at this stage. On that ground, the order is not liable to be interfered with. Since the sale is over and as it is submitted that it is not confirmed, I direct the court below not to confirm the sale for a period of six weeks, if it is not already confirmed and in the meanwhile permit the petitioner to deposit the decree amount, the question of setting aside the sale, etc. have to be decided by the court below in accordance with law. If the sale is already WP(C) 1369/2008 -:2:- confirmed, then only with the consent of the decree holder orders can be passed by the court. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-