IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 5181 of 2008(P) ------------------------- AGAINST THE ORDER IN EA 61/2008 IN EP 188/2007 IN OS.242/2005 of Munsiff Court, KOCHI .................... PETITIONER: ------------ SHINY, W/O. LATE JOHN, KOCHUVEETIL HOUSE, CC NO.15/441 A, RAMESWARAM VILLAGE. BY ADV. SRI.SHEEJO CHACKO SRI.M.N.MANOJ RESPONDENTS: ------------- 1. MARGARET AUGUSTINE, W/O. PULINTHARA AUGUSTINE, RESIDING AT NAZARETH, COCHIN TALUK. 2. S.JAMES FERNANDEZ S/O SIRLY FERNANDEZ, ERAVELI RAMESWARAM, COCHIN TALUK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 5181 OF 2008 --------------------- Dated this the 13thday of February, 2008 JUDGMENT This writ petition is filed with a prayer to direct the Munsiff, Kochi, not to proceed with the sale in EP 188/07 in OS 242/05 without disposing Ext.P1 claim petition. 2. It is the case of the petitioner that she has got absolute title and possession over the property, which is proposed to be sold by virtue of a sale deed 391/06 of Kochi S.R.O, and therefore the property cannot be sold. 3. A perusal of the same would reveal that the claim petition has been moved on 11.2.08 and the writ petition has been filed on 12.2.08. The court before which the claim petition is pending is a competent court to pass an order. Ordinarily, that should have been the remedy to be resorted by a party and not to rush to the High Court. But I do not want to shut the consideration of the claim application by ordering sale of the property, which is to take place tomorrow. Therefore, I direct the present writ petitioner to move the court, where the claim application is pending, for stay of the sale of the property. At the same time in order to facilitate the petitioner to file such an application and to move the court for appropriate orders, I direct the court below to defer the sale, which is posted on 14.2.08, by 15 days. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps