IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 12598 of 2009(O) ------------------------------------- CMA.19/2008 of ADDL.DISTRICT COURT-I,MAVELIKKARA OS.593/1999 of MUNSIFF COURT, MAVELIKKARA .................... PETITIONER(S): ---------------------- KUMARY R.K.BEENA, R.K.SADANAM, RAILWAY STATION JUNCTION, MAVELIKKARA, NOW WORKING AS SUB REGISTRAR, SUB REGISTRAR OFFICE, THRITHALA, PALAKKAD DISTRICT. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): ------------------------ 1. SREEKUMAR, THARAYIL PUTHENVEEDU, PERINGALA MURI, KAYAMKULAM, ALAPPUZHA. 2. RAJANI, R.K.SADANAM, KOTTARAKKARA, MAVELIKKARA, ALAPPUZHA. ADV. SRI.K.SASIKUMAR FOR R2 SRI.S.MOHANAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC: 12598 OF 2009: PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE EXECUTION PETITION NO. 41/05 IN O.S. 593/99 BEFORE THE MUNSIFF COURT, MAVELIKKARA DATED 7.4.2005 FILED BY THE PETITIONER. EXT.P2. TRUE COPY OF THE SKETCH IN SURVEY NO. 40 OF MAVELIKKARA VILLAGE. EXT.P3. TRUE COPY OF THE EA 181/07 IN EP.41/05 IN O.S.593/99 BEFORE THE MUNSIFF COURT, MAVELIKKARA DATED 29.9.07. EXT.P4. TRUE COPY OF THE REPORT OF THE COMMISSIONER IN IA.177/03 IN O.S.307/98 BEFORE THE MUNSIFF COURT, MAVELIKKARA DATED NIL. EXT.P5.TRUE COPY OF THE DECREE IN OS.307/98 BEFORE THE MUNSIFF COURT, MAVELIKKARA DATED 24.2.00. EXT.P6.TRUE COPY OF THE EA 181/07 IN EP 41/05 IN OS.593/99 BEFORE THE MUNSIFF COURT, MAVELIKKARA DATED 10.12.07. EXT.P7.TRUE COPY OF THE CMA 19/08 BEFORE THE DISTRICT COURT, MAVELIKKARA DATED 29.3.2008. EXT.P8.TRUE COPY OF THE STAY PETIITON IN CMA 19/08 DATED 29.3.08 BEFORE THE DISTRICT COURT, MAVELIKKARA. K.M.JOSEPH , J. ------------------------------------------------------ W.P.(C) .No.12598 of 2009-O ---------------------------------------------- Dated, this the 11th day of August, 2010 J U D G M E N T Petitioner has approached this Court seeking the following reliefs: “i. to issue a writ of prohibition or any other writ, order or direction restraining the Munsiff Court, Mavelikkara from proceeding ahead with the execution proceedings in O.S.593/99 in any manner. ii. to issue a writ of mandamus or any other writ, order or direction directing the Munsiff Court, Mavelikkara not to proceed ahead with Exhibit P1 proceedings and quash Exhibit P6 by a writ of certiorari or any other writ, order or direction. iii. to issue an interim direction directing the District Court, Mavelikkara not to proceed ahead with Exhibit P7 in any manner, until the disposal of this writ petition. 2. Petitioner is the judgment debtor in O.S.No.593 of 1999. The Ist respondent is the decree holder. According to the petitioner, petitioner is entitled to 2/5 share in 4.35 Ares of property. The property was sold for a sum of Rs.2,10,000/- in court auction. Petitioner filed Ext.P3 application to set aside the sale. Ext.P4 is the commission report produced at the instance of the petitioner. The application was rejected by Ext.P6. Petitioner filed C.M.A No.19/2008 vide Ext.P7 and the appellate Court condoned the delay and granted stay in Ext.P8 petition. WPC 12598/2009 -2- I heard the learned counsel for the petitioner and the learned counsel for the 2nd respondent/auction purchaser. The petitioner has already availed of the remedy against Ext.P6 by filing Ext.P7 appeal and what is more the proceedings have been stayed by the appellate Court. In such circumstances, I think it is not necessary for me to consider the case of the petitioner in this writ petition. The writ petition is disposed of by directing the Additional District Court, Mavelikkara to consider Ext.P7 appeal after hearing the parties and take a decision thereon within a period of three months from the date of production of a copy of this judgment before it. I make it clear that it will be open to the parties to raise all the contentions available to them. Needless to say it is always possible for the parties to settle the matter if they are so inclined. (K.M.JOSEPH) JUDGE. MS