IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 19336 of 2008(B) -------------------------- OS.77/2001 of SUB COURT, MAVELIKKARA .................... PETITIONER: ------------ RAJU, AGED 48 YEARS, S/O.KUTTAPPAN, 'YAVANIKA HOUSE', VETTUVENI MURI, HARIPAD (P.O), ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENT: ------------- SUMATHI, AGED 69 YEARS, D/O.BHARATHI, SREE NILAYATHIL VEEDU (MAROTTI MOOTTIL), NANGIARKULANGARA (P.O), CHINGOLI VILLAGE, ALAPPUZHA DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.19336 OF 2008 =========================== Dated this the 26th day of June, 2008 JUDGMENT Petitioner is the decree holder in O.S.77/2001 on the file of Sub Court, Mavelikara. The suit was filed for specific performance of an agreement for sale. Suit was decreed ex parte. In execution of the decree a sale deed was got executed through court. By that time, respondent filed two applications (I.A.2180 and 2181 of 2007) one to condone the delay and the other to set aside the ex parte decree. Respondent approached this court by filing W.P.(C)3515/2008 whereunder under Ext.P4 judgment this court directed to stay the order for delivery of the property till disposal of I.A.2180/2007 and I.A.2181/2007. This petition is filed under Article 227 of the Constitution of India contending that eventhough I.A.2180/2007 and I.A.2181/2007 were disposed of in April, 2008, executing court is not directing delivery of the W.P.(C)19336/2008 2 property. 2. If the order of stay granted by this court under Ext.P4 judgment dated 30.1.2008 lapsed by dismissal of I.A.2180/2007 and 2181/2007 as contended by the petitioner, executing court is to proceed with the execution proceedings without further delay. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006