IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 18222 of 2008(T) ---------------------------------------- (O.S.NO.33/2002 OF SUB COURT, PALAKKAD) PETITIONERS:CLAIM PETITIONERS/3RD PARTY: ------------------------------------------------------------------------ 1. SABEER, S./O.MUHAMMED RAWUTHER @ ALI SAHEB 2. FATHIMA, D/O.MUHAMMED RAWUTHER @ ALI SAHEB BOTH RESIDING AT CHUNGATH PARAMBU VEEDU, MANIKKUPADAM, VADAKKENCHERY, ALATHUR, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENTS: DECREE HOLDER/JUDGMENT DEBTOR: ------------------------------------------------------------------------------------ 1. SAILAVUDHEEN, S/O.IBRAHIM, OLD CHANDRAPURA, VADAKKENCHERY, ALATHUR, PALAKKAD. 2. AISUMMA, W/O.MUHAMMED RAWUTHER @ ALI SAHEB 3. V.A.RAHIMAN, S/O.MUHAMMED RAWUTHER @ ALI SAHEB 4. V.A.SHAJAHAN, S/O.MUHAMMED RAWUTHER @ ALI SAHEB 5. V.A.NAZAR, S/O.MUHAMMED RAWUTHER @ ALI SAHEB 6. V.A.SKEER HUSSAIN, S/O.MUHAMMED RAWUTHER @ ALI SAHEB RESPONDENTS 2 TO 6 ARE RESIDING AT CHUNGATH PARAMBU VEEDU, MANIKKUPADAM VADAKKENCHERY, ALATHUR, PALAKKAD. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No.18222 OF 2008 ............................................ DATED THIS THE 18th DAY OF JUNE, 2008 JUDGMENT Petitioners are the claim petitioners in Ext.P2 petition (I.A.4686 of 2007) in O.S.33 of 2002 on the file of Sub Court, Palakkad. Along with Ext.P2, they filed Ext.P3 petition to order stay of delivery ordered by the court in the execution proceedings. This petition is filed under Article 227 of Constitution of India, contending that learned Sub Judge has not passed any order in Ext.P2 or P3 petitions and if before passing the order, property is to be taken delivery, the very same petition will become infructuous. Learned counsel submitted that Ext.P2 and P3 petitions are posted to 21.6.2008. 2. On hearing the learned counsel, I do not find that it is for this court to grant an order of stay of delivery as sought for. Learned Sub Judge is directed to dispose Ext.P2 petition as expeditiously as possible. As Ext.P3 petition is stated to be pending, learned Sub Judge is directed to dispose it, without any delay on 21.6.2008. Learned Sub Judge not to deliver the property till 21.6.2008 and shall pass appropriate order in that application on that day. M.SASIDHARAN NAMBIAR, JUDGE lgk/-