IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 12218 of 2008(D) -------------------------- CMA.1/2008 of DISTRICT COURT, KASARAGOD OS.165/2001 of PRL.MUNSIFF COURT, KASARAGOD .................... PETITIONER: -------------------- ABDULLA,S/O. MOIDEEN, NOW RESIDING AT PADYANA HOUSE, MAIRE VILLAGE, P.O. MAIRE, KASARAGOD TALUK, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, P. ABDUL RAHIMAN, S/O. IBRAHIM,RESIDING AT BAYARPADAVU HOUSE, CHIPPAR VILLAGE, P.O. CHIPPAR, KASARGOD TALUK. BY ADV. SRI.D.KRISHNA PRASAD SRI.D.NARENDRANATH SRI.M.HARISHARMA SRI.T.P.ELDHOSE SMT.O.K.SANTHA RESPONDENTS: ------------------------- 1. HASSAINAR ,S/O. MOSSA, RESIDING AT PADYANA HOUSE, MAIRE VILLAGE, P.O.MAIRE, KASARAGOD TALUK. 2. M.A. YOUSUF, S/O. ABDULLA, RESIDING AT PADYANA HOUSE, MAIRE VILLAGE, P.O.MAIRE, KASARAGOD TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== W.P.(C) No.12218 OF 2008 ===================== Dated this the 9th day of April 2008 JUDGMENT This writ petition is preferred with a prayer to direct the Prl.Munsiff's Court, Kasargod not to effect delivery of the property in E.P.No.87 of 2005 in O.S.No.165 of 2001 so long as Ext.P1 order is in force and also till C.M.A.No.1 of 2008 is heard and disposed of. An application to set aside the sale was filed which has been dismissed by the court below and against that C.M.A has been preferred and on two occasions, the court admitted the C.M.A and granted interim stay till 1.4.2008. Then the court has not extended the stay and I am informed that it is on account of the non-service of notice. Since C.M.A is preferred and stay application has been considered and order is granted till a particular date, I feel that the court has to consider the stay application on merits after respondents enter appearance and pass orders. Therefore I direct the District Court, Kasargod to consider I.A.No.98 of 2008 in C.M.A No.1 of 2008 to the effect that whether stay can be granted after hearing both sides and till that time direct the Munsiff not to WP(C) 12218/2008 -:2:- effect delivery of the property. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-