IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 21817 of 2008(V) -------------------------- AGAINST THE ORDER IN EP 248/04,EA 624/07 IN OS.384/1999 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER: ------------ 1. SHAJI,S/O.JOSEPH, PALLIPPATTU HOUSE MAVILINCHOLA, KORENCHIRA POST, KIZHAKKENCHERRY VIA, ALATHUR TALUK PALAKKAD DISTRICT 2. SARAMMA, W/O. JOSEPH, DO..DO.. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: ------------- SREEDHANA KURIES & LOANS PVT. LTD ERINJERI MARKET, THRISSUR, REPRESENTED BY ITS CHAIRMAN, K.C. JOHNSON. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.21817 of 2008 ------------------------------- Dated this the 21st July, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India for a direction to Sub Court, Palakkad, to dispose Exts.P3 and P4 applications filed by the petitioners under Section 47 of Code ofCivil Procedure, and also for a stay of execution till the disposal of other applications. 2. Petitioners are judgment debtors in O.S.No.384 of 1999. In execution of the mortgage decree, property of the petitioners were sold and now a petition for delivery by the auction purchasers- decree holders is pending. At that stage, Exts.P3 (E.A.No.547 of 2008) and P4 petitions were filed to set aside the sale under Section 47 of Code of Civil Procedure and to stay the execution till the disposal of E.A.No.547 of 2008. The grievance of petitioners is that Exts.P3 and P4 petitions are posted to 2.8.2008, for filing objections, and unless petitions are considered before directing delivery, petitions will become infructuous, and in such circumstances, a direction as above is sought for. W.P.(C) No.21817 of 2008 2 Sub Judge, Palakkad, is directed to dispose of Exts.P3 and P4 applications, as expeditiously as possible. If an application is filed by the petitioners to advance Exts.P3 and P4 petitions, learned Sub Judge to advance the same and pass appropriate orders, in accordance with law, without delay. M.SASIDHARAN NAMBIAR, JUDGE nj.