IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).NO. 16344 OF 2010(O) -------------------------- AGAINST E.A.NO.278 OF 2006 IN E.P. NO.534 OF 2006 IN OS.552/2003 OF II ADDL.M.C.,NEYYATTINKARA .................... PETITIONER(S): --------------- BAIJU SAROJA BHAVAN, MULLUVILAKOM, VENGANOOR, THIRUVANANTHAPURAM,REPRESENTED BY POWER OF ATTORNEY HOLDER SHIJU DO..DO.. BY ADV. SRI.L.MOHANAN SMT.LIGEY ANTONY RESPONDENT(S): --------------- 1. SUKUMARAN, S/O.SREEDHARAN NAIR, MAKAYIRAM VEEDU VENGANOOR VILLAGE, DO...DESOM. 2. BALACHANDRAN S/O.LAKSHMAN, URAKARAKUDI VEEDU AMBALATHARA, VENGANOOR VILLAGE, DO...DESOM, 3. RADHA D/O.NANI, KALPANA HOUSE KARICHAL DESOM, KANJIRAMKULAM VILLAGE. 4. M.N.DISILVA @ NEPOLEAN RESIDING AT DO..DO.. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.16344 of 2010 ==================================== Dated this the 27th day of May, 2010 J U D G M E N T Petitioner preferred a claim petition under Order XXI Rule 58 of the Code of Civil Procedure as E.A. No.278 of 2006 in E.P. No.534 of 2005 in O.S. No.552 of 2003 of the court of learned Munsiff, Neyyattinkara. In a money decree passed on 19.06.2004 in favour of respondent Nos.1 and 2, petitioner's property was attached. Petitioner thereon preferred the claim petition. Learned Munsiff dismissed the claim petition against which petitioner filed A.S. No.7 of 2008 which is pending consideration in the court of learned Sub Judge, Neyyattinkara. Petitioner has also filed a petition for stay of execution of the decree as against the property scheduled in the claim petition. Grievance of petitioner is that neither the appeal nor the petition for stay has been disposed of by the learned Sub Judge. Property of petitioner is now proclaimed and scheduled for sale on 06.06.2010. If sale is conducted before the appeal or stay petition is disposed petitioner will be put to irreparable loss and injury. Hence this Writ Petition for a direction to the learned Sub Judge to dispose of the appeal W.P(C) No.16344 of 2010 -: 2 :- and petition for stay as early as possible. There is also a prayer for stay of execution of the decree in O.S. No.552 of 2003. 2. Having regard to the facts and circumstances stated I direct learned Sub Judge, Neyyattinkara to pass appropriate orders on the application for stay if any preferred in A.S. No.7 of 2008 as early as possible and at any rate, on or before 10.06.2010. In the meantime I also direct that sale of property referred to in the claim petition in E.P. No.534 of 2005 in O.S. No.552 of 2003 of the court of learned Munsiff, Neyyattinkara will stand adjourned to a date beyond 14.06.2010. Writ Petition is disposed of with the above directions. THOMAS P. JOSEPH, JUDGE. vsv