IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No.35635 of 2008 (P) ---------------------------------- OS.125/1998 of PRINCIPAL SUB COURT,ALAPPUZHA .................... PETITIONER: --------------- K.J.BABYCHAN, KUTHOOR VEEDU, KOTTAMKULANGARA WARD, ARYAD SOUTH, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENTS: ----------------- 1. LEELAMMA CHELLAPPAN, POLLAYIL VEEDU, THUMPOLI, ALAPPUZHA. 2. P.C.LATHA, POLLAYIL VEEDU, THUMPOLI, ALAPPUZHA. 3. P.C.RAJKUMAR, POLLAYIL VEEDU, THUMPOLI, ALAPPUZHA. 4. P.C.GIJI, POLLAYIL VEEDU, THUMPOLI, ALAPPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P.C No.35635 of 2008 ------------------------------------------------ Dated this the 3rd day of December, 2008 JUDGMENT The grievance of the petitioner is that he is the decree holder/auction purchaser in O.S.125/98; that he obtained sale sannath and he filed E.A.127/08 on 27/02/08 for getting delivery of the property so purchased by him; that thereafter there were as many as six adjournments and the pace at which the proceedings are going on indicates that the execution proceedings will not come to its logical conclusion unless this Court interferes with a direction for early disposal. The prayer advanced in the Writ Petition is to direct the Sub Judge, Alappuzha to dispose of E.A.127/08 in E.P.2/01 in O.S.125/98 as expeditiously as possible and at any rate within two months from the date of the order that may be passed by this Court. W. P.C No.35635 of 2008 -2- 2. On hearing the submissions, as I felt some doubt I directed the Registry to ascertain from the Sub Judge, Alappuzha as to whether there is any impediment in delivering the property to the decree holder/auction purchaser vide E.A.127/08 filed on 27/02/08. The Registry has contacted the Sub Judge, Alappuzha and furnished the following details:- The correct number of E.A. is 123/08 and that is filed on 27/02/08; that there are altogether four respondents in the E.A. of whom R4 who is an Advocate alone appeared and notice is ordered to R1 to R3 and that the case is posted to 12/01/09 for appearance of respondents 1 to 3 and objection of JD4 and that without completing the steps and hearing the parties, delivery is not practicable. W. P.C No.35635 of 2008 -3- 3. In view of the said report, the petitioner is not entitled to get any direction as prayed for and I dismiss this Writ Petition. K.P.BALACHANDRAN, JUDGE kns/-