IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 7782 of 2009(O) ------------------------------------- EP.104/2007 IN OS.140/2000 of SUB COURT,ALAPPUZHA .................... PETITIONER(S): ---------------------- C.K.PUSHPANGATHAN, S/O.KRISHNAN, EX-MILITARY SERVICE, PUSHPABHAVAN, NEHRU TROPHY WARD, MULLAKKAL VILLAGE, ALAPPUZHA. BY ADV. MR.K.N.VENUGOPALA PANICKER RESPONDENT(S): ------------------------ BHAGAVATHI PADAM PANACKAL KAYAL PADASEKHARA NELLULPPADAKA SAMITHI, NO.851/90, NEHRU TROPHY WARD, MULLACKAL, ALAPPUZHA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.7782 of 2009 --------------------------------------------- Dated this the 12th day of March, 2009 JUDGMENT The petitioner is the judgment debtor. He filed an application, namely, E.A.No.544 of 2008 before the executing court for permission to pay the decree amount in instalments. That application was opposed by the decree holder. The court below by the order dated 29th November 2008 rejected the prayer made by the petitioner. 2. It is submitted that the sale of the immovable property belonging to the petitioner took place on 9.1.2009 and that an application is pending for setting aside the sale. Since the sale took place after the order impugned was passed, I do not think that the Writ Petition is maintainable at this stage. Accordingly, the Writ Petition is dismissed. K.T.SANKARAN, JUDGE csl