IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 11669 of 2009(O) ---------------------------------------- AS.145/2008 OF SUB COURT, MUVATTUPUZHA, OS.NO.475/2007 OF MUNSIFF COURT,MUVATTUPUZHA. .................... PETITIONER: ------------------- 1. CHINNAMMA,W/O.LATE SCARIA, VALAVATHIL,RANDAR KARA, AVOLI PANCHAYATH,MUVATTUPUZHA TALUK. 2. JOMON,S/O.LATE SCARIA, VALAVATHIL,RANDAR KARA, AVOLI PANCHAYATH,MUVATTUPUZHA TALUK. 3. JIJO,S/O.LATE SCARIA, VALAVATHIL,RANDAR KARA, AVOLI PANCHAYATH,MUVATTUPUZHA TALUK. 4. JOYS,S/O.LATE SCARIA, VALAVATHIL,RANDAR KARA, AVOLI PANCHAYATH,MUVATTUPUZHA TALUK. BY ADV. MR.GEORGE SEBASTIAN. RESPONDENT: --------------------- SABEER.T.M.,S/O.MYTHEEN, THYKKOTTATIL HOUSE, NELLIMATTOM,KOTHAMANGALAM. BY ADV. MR.C.DILIP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.11669 of 2009 - O --------------------------------- Dated this the 26th day of June, 2009 J U D G M E N T The writ petition is filed by the appellants in A.S.No.145/2008 on the file of the sub Court, Muvattupuzha. The respondent in the petition instituted a suit O.S.No.475/2007against present petitioners for recovery of money. Plaint claim was for Rs.95,000/-. Suit after trial was decreed in terms of the plaint. Petitioners preferred the above appeal with a petition to condone delay. Meanwhile, respondent/plaintiff took steps for executing the decree. By the time, the delay petition was condoned and appeal was admitted to the file of sub court, Muvattupuzha, sale of the property of the petitioners attached before the judgment on the trial side had taken place. Now, the writ petition is filed seeking a limited relief, that the confirmation of the sale may be kept in abeyance till the disposal of the appeal contending that the petitioners are residing in the building situate in the property brought to sale and they have no other place to shift their residence. Notice on W.P.(C).No.11669 of 2009 - O 2 the petition given, respondent/decree holder has entered appearance. 2. I heard the counsel on both sides. 3. Normally, once the sale is over in a execution of a decree, this court will be reluctant to pass any order because rest of the orders to be passed by the executing court are on the administrative side. However, taking note of the submissions made by the learned counsel for the petitioner and the facts and circumstances presented, I am of the view that a grace period can be extended to the petitioners, subject to the condition that they deposit before the appellate court a sum of Rs.10,000/- as security towards the cost for prosecuting the appeal which will be subject to the result of the decision to be rendered by the appellate court. The Sub Judge, Muvattupuzha, is directed to dispose of the appeal within a period of two months from the date of receipt of a copy of this judgment. Till a decision is rendered in appeal by the learned sub Judge, which is to be done within the time limited as indicated above, the execution court shall keep in abeyance further proceedings. Petitioner shall W.P.(C).No.11669 of 2009 - O 3 deposit the amount ordered towards security for cost for prosecuting the appeal, within a period of two weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Send a copy of this judgment tot he Sub Court, Muvattupuzha and also Munsiff Court, Muvattupuzha, and hand over a copy to the counsel on both sides on usual terms. S.S.SATHEESACHANDRAN, JUDGE. bkn/-