IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 9476 of 2008(C) ------------------------- AGAINST THE ORDER IN EP 21/2006 IN OS.90/2002 of SUB COURT, HOSDRUG .................... PETITIONER: ------------ T.ABDUL KHADER, S/O.MOHAMMED HAJI, RESIDING AT HOSDURG KADAPPURAM, HOSDURG VILLAGE, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS: ------------- CHEENAMADATHIL MOHAMMED KUNHJI, S/O.MOIDEEN, ITTAMMAL HAJANOOR VILLAGE, HOSDURG. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No.9476 of 2008 ------------------------------------------- Dated this the 19th day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to direct the Subordinate Judges Court, Hosdurg to expedite the execution proceeding in E.P.No.21/06 in O.S.No.90/02 in the light of Ext.P5 order. 2. The decree put into execution is one for realisation of the amount due under a decree which was granted in a suit for specific performance. R.F.A. No.381/07 is filed before this Court and a Division Bench of this Court by order dated 7.8.2007 issued notice and held that there will be a stay of personal execution of the decree as against the appellant. So what is stayed by the Division Bench of this court is a stay of the personal execution of the decree. Now the execution petition is one for realisation of the amount by sale of the property. A sale of the property is not a personal execution of the decree. It is seen from the proceeding paper of the court below that it has stayed the execution petition. WPC 9476/2008 2 3. Therefore, I direct the court below to properly understand the order of the Division Bench of this Court and in case of any doubt ask for clarification. But, it appears that is only the personal execution that is stayed. It may be for that reason the court has not ordered furnishing of security under Order 41 Rule 5(2) of CPC. I also direct the court below to bestow its attention and pass appropriate orders in accordance with law and proceed with the execution proceedings when it is convinced that there is no stay of the execution of the decree by sale of the property. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE csl