IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 17099 of 2008(I) -------------------------- AGAINST THE ORDER IN IA 1961 2007 IN OP.5/2007 of SUB COURT, TIRUR .................... PETITIONER: ------------ PATTASSOLA RAHMATH, D/O.SAIDU, ANANTHAVOOR, PO.THIRUNAVAYA, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.BALASUBRAMANYAN SRI.NIRMAL. S RESPONDENT: ------------- ABBAS, S/O.CHERAPPULIKKAL, KUNHIPOKKER, CHERAPPULIKKAL HOUSE, PO.KALPAKANCHERY (TIRUR TALUK), MALAPPURAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 9 /6 /2008 THE COURT ON 09/06/2008 DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.17099 OF 2008 =========================== Dated this the 9th day of June, 2008 JUDGMENT Petitioner is the plaintiff in O.S.No.111/2008 on the file of Sub Court,Tirur. Suit was originally instituted as Indigent O.P.5/2007. That suit was filed to set aside the decree in O.S.56/2000. This petition is filed under Article 227 of the Constitution of India for a direction to Sub Court, Tirur to dispose of I.A.1961/2007 an application filed by the petitioner to stay the proceeding in execution of the decree in O.S.56/2000 in respect of the plaint schedule property. 2. Learned counsel appearing for petitioner was heard. 3. The argument of learned counsel appearing for the petitioner is that though execution petition was filed for sale, Ext.P1 petition was filed in October 2007 and no order is passed and W.P.(C) 17099/2008 2 therefore without disposing that petition, the property may not be sold. When this petition is filed on the date when the property is posted for sale, it is not proper to grant an order of stay of the sale proceedings. But in view of the pendency of Ext.P1 petition, there will be a direction to Sub Court, Tirur to dispose of I.A.1961/2007 as expeditiouly as possible, at any rate within 30 days from the date of receipt of a copy of this judgment. Till the disposal of the said petition, the sale if any held, shall not be confirmed. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006