IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35781 of 2009(O) -------------------------- EP.91/2006 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER: --------------- LALI.P,S/O.PARAMU,AGED 55, RESIDING AT LAL MANDIRAM,THRIKKADAVUR VILLAGE,PERINAD.P.O, KOLLAM. BY ADV. MR.AJAYA KUMAR. G RESPONDENT: --------------- SARALA KUMARI,W/O.SIVAPRASAD, AGED 64,RESIDING AT PANAYIL,AMPAZHAVAYAL, PANAYAM VILLAGE,PERINAD.P.O,KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.35781 of 2009 - O --------------------------------- Dated this the 11th day of December, 2009 J U D G M E N T Petitioner is the judgment debtor in E.P.No.91 of 2006 in O.S.No.177 of 2004 on the file of the Sub Court, Kollam. Sale of an immovable property belonging to the petitioner after settlement of proclamation and publication is fixed to be held on 15.12.2009 to realise the decree debt. Petitioner had previously filed a petition to declare him as an insolvent, but, that petition happened to be dismissed for default, and an application for restoring that petition awaits consideration is the submission of the learned counsel for the petitioner for staying the sale fixed on 15.12.2009. From the submissions made, it appears, order of the dismissal of the insolvency petition was in the year 2005 for nontaking of steps by the petitioner for service on the respondents in that proceedings. Restoration application has been moved in the insolvency proceedings for revival of that petition is canvassed for staying the sale fixed in the present execution petition invoking the visitorial jurisdiction under Article 227 of the Constitution of India. W.P.(C).No.35781 of 2009 - O 2 2. On the facts and circumstances presented and the submissions made, I find this is not a fit case where the petitioner can invoke the extra ordinary jurisdiction vested with this Court for staying the sale. Writ petition lacks merit and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-