IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 9799 of 2008(N) ------------------------- CMA.153/2007 of II ADDL. DISTRICT COURT, PALAKKAD EP.51/2006 of PRL.MUNSIFF COURT, PALAKKAD .................... PETITIONER: -------------------- BEEPATHUMMA, W/O.LATE MUSTHAFA, AGED 45 YEARS, NELLIKKAL HOUSE, P.O.UMMINI, DHONI, PALAKKAD DISTRICT. BY ADV. SRI.BINOY VASUDEVAN RESPONDENT: ------------------------ K.A.MOLY, AGED 43 YEARS, D/O.LATE K.M.ABRAHAM, LOTUS FLOWER HOUSE, KALLEKULANGARA, PALLAKKAD TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 9799 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of March, 2008. J U D G M E N T This writ petition is preferred against the order of the District Judge, Palakkad in I.A.1688/07 in A.S.153/07. The writ petitioner before me is the legal representative of the deceased judgment debtor and now I am informed that in pursuance of the decree the property has been put into sale and it is reaching the stage of delivery. Meanwhile the present writ petitioner filed an application for setting aside the decree with a petition to condone the delay of more than 1222 days. It was dismissed by the first Court and an appeal is preferred against the same which is pending before the 2nd Addl. District Court. The learned 2nd Addl. District Judge did not find reason to stay the delivery of the property and therefore dismissed the same. It is under these circumstances the writ petitioner has come up before this Court. An appeal is pending before the Appellate forum W.P.C 9799 OF 2008 -:2:- challenging the orders of the Courts below. I feel breathing time can be given to the writ petitioner herein with a further direction to the learned Addl. District Judge to dispose of the appeal itself in a time bound manner. Therefore I dispose of the writ petition directing the 2nd Addl. District Judge to dispose of the appeal on or before 31.5.2008 and further direct the executing Court not to effect delivery of the property, if already not delivered till this time. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-