IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 8512 of 2008(L) ------------------------- AGAINST THE ORDER IN EP.176/04 IN AP.105/1998 of III ADDL. DISTRICT COURT, KOLLAM .................... PETITIONER: ------------ JAHANGHEER, S/O.ABDUL KHADER GLOBE HOUSE, LAWYER COMPOUND, VADAKKUMBHAGOM KOLLAM FROM PRINSILY, ASRAMAM, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: ------------- M/S.MAHARASHTRA APEX CORPORATION LIMITED MANIPAL, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER KRISNANKUTTY, S/O.NANOO, RESIDING AT MANGALATHU HOUSE, THAZHATHUCHERRY KOOTTIKKADA P.O., KOLLAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No.8512 of 2008 ------------------------------------------- Dated this the 13th day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to call for the records in E.P.No.176/04 in A.P.No.105/98 of the III Additional District Court, Kollam and quash all further proceedings including the sale. 2. It is seen that by Ext.P3 order, the court did not adjourn the sale and directed that the sale to be conducted. If some amount is deposited within a period of sixty days, the decree holder will not proceed with further steps regarding confirmation of sale. Now after hearing the learned counsel for the writ petitioner what he wants is to get some time. It is also submitted by him that he has filed an application for setting aside the sale and it is pending consideration before the court below. The court below can persuade the decree holder to give him sometime and if agreed, can fix a stipulated time and thereafter proceed with the matter. At any rate, the court shall give time to the writ petitioner to contest the application which WPC 8512/2008 2 he has filed for setting aside the sale if the parties are not able to arrive at a settlement. The writ petition is disposed of. M.N.KRISHNAN, JUDGE csl