IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 465 of 2008(E) ----------------------------------- OS.686/2003 OF SUB COURT,ERNAKULAM .................... PETITIONER: ------------------- K.DEVAKIAMMA,W/O. LATE P.BALAKRISHNA MENON, 47/721 B,JM VILLA, PALLIKKAVU TEMPLE ROAD VADUTHALA P.O., KOCHI-23. BY ADV. SRI.GEORGE THOMAS MEVADA. RESPONDENT: ---------------------- FEDERAL BANK LTD. SOUTH BRANCH,ERNAKULAM, COCHIN -11. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 465 OF 2008 = = = = = = = = = = = = = = = Dated this the 4th day of January, 2008. J U D G M E N T This writ petition is preferred seeking a direction to the Sub Court, Ernakulam to consider Exts.P1, P2, P4 and P7 applications and till that time not to proceed with the sale of the property. The writ petitioner is the 3rd defendant in the suit. A decree has been passed therein and a petition to set aside the exparte decree with a petition to condone the delay of 595 days on the ground that she has not been served with notice and a vakalath on her behalf has been filed fraudulently etc. is pending before the Court below. It is submitted that the extent of property involved for sale is 9.25 cents which will fetch an amount of Rs.35 lakhs whereas the Court has fixed it as 4.5 lakhs. Meanwhile an attempt was made by the petitioner to examine her through a Commission but this prayer was dismissed on the ground of non-production of a medical certificate which was later W.P.C 465 OF 2008 -:2:- produced and a petition to review that order is also pending consideration before the Court below. Taking into consideration all these aspects I feel this is only just and convenient to direct the Sub Court, Ernakulam to dispose of Exts.P1, P2, P6 and P7 applications within a time frame of six weeks from the date of receipt of a copy of the order. The executing Court is also directed to defer the sale for a period of eight weeks. If P1, P2 and P6 and P7 are pending in different Sub Courts, Ernakulam a copy may be given to the other Court by the Principal Sub Court. (1) Exts.P1 and P2 petitions are to condone the delay in filing the petition for setting aside the exparte decree and to set aside the exparte decree in O.S.686/03. (2) Exts.P6 and P7 are E.A.1234/07 and E.A.1235/07 in the execution petition filed in O.S.686/03. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-