IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 5558 of 2008(J) ------------------------- (AGAINST THE ORDER IN EP 94/07 IN OS 551/03 ON THE FILE OF MUNSIFF'S COURT, HOSDURG.) PETITIONER: ------------ P.RAMDAS,AGED 41 YEARS, S/O.LATE C.M.KUHAMBU, CHATHAMATH, PAROLE VILLAGE,HOSDURG TALUK, P.O.,CHAHAMATH KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT: ------------- P.MANIKKAM, W/O.LATE C.M.KUNHAMBU CHATHAMATH, PAROLE VILLAGE, HOSDURG TALUK P.O.CHATHAMATH, KASARGOD DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 5558 OF 2008 = = = = = = = = = = = = = = = Dated this the 15th day of February, 2008. J U D G M E N T This writ petition is filed for a speedy disposal of Exts.P4 and P5 interlocutory applications in A.S.89/07 and to defer the confirmation of sale in E.P.94/07 pending disposal of Exts.P4 and P5. In pursuance of an exparte decree the decree holder moved the executing Court for realisation of the decree amount by sale of the property and the sale has been conducted on 7.1.08 and it is posted for confirmation of sale on 12.3.08. Meanwhile on 13.12.07 the present writ petitioner has moved an appeal with a petition to condone the delay and it is pending consideration before the Subordinate Judge, Hosdurg. The request of the writ petitioner is to give a direction to the Subordinate Judge to dispose of the delay condonation application and stay application and to defer the confirmation of sale till such a decision is taken. There is some considerable force in the W.P.C 5558 OF 2008 -:2:- said contention. Therefore I direct the learned Subordinate Judge, Hosdurg to consider and dispose of the delay condonation application and the stay application, i.e., Exts.P4 and P5 in A.S.89/07 as expeditiously as possible at any rate or or before 11.3.08. By any chance if the Subordinate Judge is not able to dispose of those applications I direct the learned Munsiff to defer the confirmation of sale by a period of three weeks from 12.3.08. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-