IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 8706 of 2008(J) ------------------------- CMA.114/2007 of DISTRICT COURT, PALAKKAD .................... PETITIONER: ------------ SAROJINI, W/O. VELAYUDHAN,AGED 41 YEARS KARUMANKUZHIYIL VEETTIL, MANISSERY POST, OTTAPALAM TALUK. BY ADV. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENTS: ------------- 1. BRANCH MANAGER, DHANALAKSHMI BANK PATTAMBI BRANCH, PATTAMBI, OTTAPALAM TALUK. 2. K.VIJAYAKRISHNAN,S/O.BALAKRISHNA KURUP MURALI MANDIRAM, THOTTAKKARA POST, OTTAPALAM TALUK. BY ADV. SRI.P.JACOB VARGHESE,SC,DHANALAKSHI BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 8706 OF 2008 --------------------- Dated this the 14th day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to set aside the sale effected in EP 124/03 in OS 146/02 on the file of the Subordinate Judge, Ottapalam. 2. The brief facts of the case are that the property has been sold in auction and a petition filed to set aside the sale ended in dismissal. Against that order CMA 114/07 is pending before the District Judge, Palakkad. I am informed that the District Judge has granted a stay till 17.3.08. Learned counsel for the writ petitioner submits that his client is prepared to pay the entire decree so that he can save his property. 3. These are all matters which can be considered by the appellate court. Since the stay is only up to 17.3.08, I direct the appellate court to consider the stay application and pass orders. The court can also consider whether the decree holder or auction purchaser is prepared for any compromise. Till an order is passed finally in the stay application, the property need not be delivered. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps