IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 10651 of 2008(R) -------------------------------------- PETITIONER: ------------------ 1. TAHA, AGED 41 YEARS, SINDHYA PURAYIDOM, E.S.I. WARD, ALAPPUZHA. 2. ADAMKUTTY, VELLAM THENGIL, KAKKAZHAM MURI, AMBALAPPUZHA, ALAPPUZHA. BY ADV. SRI.B.PRAMOD RESPONDENTS: ----------------------- STATE BANK OF INDIA, BEACH BRANCH, ALAPPUZHA, REP.BY ITS MANAGER. BY ADV. SRI.K.K.CHANDRAN PILLAI SC FOR SBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 10651 OF 2008 = = = = = = = = = = = = = = = Dated this the 28th day of March, 2008. J U D G M E N T This writ petition is filed to quash Ext.P6 order dated 8.10.07 whereby the Court dismissed the application for staying the execution of the decree. It is submitted, aggrieved by the decision of the trial court an appeal was preferred but the appeal was returned on the ground that there is some mistake in the judgment and decree and for the said purpose the party has moved an application before the original Court for correction and that has been allowed but the copy of which is not issued. Meanwhile execution proceedings are on and the property is posted for sale today, i.e., 28.3.2008. I am inclined to give some time provided the petitioner deposits a sum of Rs.30,000/- before the Court below on or before 11.4.2008 and for enabling him to deposit the amount the sale posted for today be deferred. The Court below is also directed to issue the copy of the order to enable W.P.C 10651 OF 2008 -:2:- the writ petitioner herein to prefer an appeal if he chooses to do so. The Court shall fix the next day at 31.5.2008 and then fix the date for sale and proceed in accordance with law. The writ petition is disposed of accordingly. Sd/- M.N. KRISHNAN, JUDGE. ul/- [True copy] P.A. to Judge.