IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 28872 of 2009(O) -------------------------- AGAINST THE ORDER IN EA.NO.1231/09 IN EP.NO.575/04 IN OS.545/2000 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): --------------- P.S.VELAYUDHAN, THEKKANATH VEEDU,MULANKUNANTHUKAVU P.O., TRICHUR. BY ADV. SRI.V.V.ASOKAN SRI.K.S.SAJEEV KUMAR RESPONDENT(S): --------------- 1. ANGAMALY CHITTY FUNDS AND PVT.LTD., ANGAMALY,REP.BY ITS MANAGING DIRECTOR. 2. K.K.VENUJI,S/O.KANDURUTHI KUMARAN, KUTTANKULANGARA DESOM,TRICHUR VILLAGE. 3. SUBADRA K.VENUJI,W/O.K.K.VENUJI, KANDURUTHI VEEDU,KUTTANKULANGARA DESOM, TRICHUR VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.28872 OF 2009 (O) ----------------------------------- Dated this the 13th day of October, 2009 J U D G M E N T The writ petition is filed seeking mainly the following reliefs: i. to issue an appropriate writ or order directing the 2nd Additional Sub Court, Trichur to dispose of E.A.No.1231 of 2009 in E.A.No.237 of 2007 in E.P.NO.575 of 2004 in O.S.No.545 of 2000 as expeditiously as possible and to defer the delivery proceedings in E.A.No.172 of 2007 in E.P.No.575 of 2004 in O.S.No.545 of 2000 until the disposal of E.A.No.237 of 2007. 2. A previous petition filed by the petitioner as WP(C).No.26695 of 2009 on identical facts seeking also the very same relief canvassed in the present petition was disposed by judgment dated 23.9.2009. Copy of that judgment in that O.P. has been produced as Ext.P6 in the present petition. Order passed in the application moved by the petitioner under Order XXI Rule 90 of Code of Civil Procedure WPC.28872/09 2 to set aside the sale in the execution proceedings in O.S.No.545 of 2000 on the file of the IInd Additional Sub Court, Trichur, was the basis of the challenge canvassed in the earlier petition and also the present writ petition. Vide Ext.P6 judgment, a direction was given to the execution court to furnish certified copy of the order dismissing his application, within the time limit fixed, and also for keeping in abeyance the delivery of the property for a particular period to give him a grace period to prefer an appeal, if any, to challenge the order of that court. In the present writ petition, the relief canvased is for expeditious disposal of the review application filed against the order dismissing the application moved under Order XXI Rule 90 of CPC by the execution court and to keep in abeyance the delivery of the property till disposal of that application. I do not find any merit in the writ petition, and the writ petition is dismissed. S.S.SATHEESACHANDRAN JUDGE prp WPC.28872/09 3