IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 7802 of 2008(D) ------------------------------------- PETITIONER: ------------------- MEETHALE PAKKAN FAISAL, S/O. MEETHALE PAKKAN SARA, AGED 33 YEARS, RAMANTHALI AMSOM, ETTIKULAM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN. RESPONDENT: ---------------------- MEETHALE PAKKAN KUNHAMINA, D/O. MARIYUMMA, AGED 55 YEARS, RAMANTHALI AMSOM, ETTIKULAM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 7802 OF 2008 = = = = = = = = = = = = = = = Dated this the 7th day of March, 2008. J U D G M E N T This writ petition is preferred with a prayer to direct the Subordinate Judge, Payyannur to dispose of the delay condonation application I.A.954/06 in A.S.50/06 and for further directions. There was a writ petition filed as WPC 35404/07 by the respondent wherein this Court held that the delay condonation application has to be disposed of. I find this Court has directed not to confirm the sale until further orders from this Court. Now what happens is neither the delay condonation application is disposed of nor the trial court is permitted to proceed with the further proceedings in the final decree. Virtually it has created a stalemate situation which is to be corrected. Therefore I dispose of the writ petition directing the Subordinate Judge, Payyannur to consider and dispose of I.A.954/06 in A.S.50/06 within a time frame of one month from today and if the delay is not W.P.C 7802 OF 2008 -:2:- condoned or no stay order is passed in the appeal I direct the trial court where the final decree application is pending to proceed with the matter in accordance with law, clarifying that this is a direction passed subsequent to the orders in W.P.C.35404/07. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-