IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26619 of 2009(O) -------------------------- AS.43/2009 of D.C.& SESSIONS COURT,THODUPUZHA OS.496/1993 of SUB COURT,KATTAPPANA .................... PETITIONER(S): --------------- VARGHESE,S/O.MATHAI, AGED 65 YEARS,VATTOLIL HOUSE, PARATHODU VILLAGE,UDUMBANCHOLA TALUK. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW RESPONDENT(S): --------------- 1. P.V.SCARIA, PULLANITHUNDATHIL HOUSE, NEDUMKANDOM KARA,UDUMBANCHOLA TALUK NEDUMKANDOM.P.O. 2. T.MAHENDRAN, DOOR NO.IV/312,NEDUMKANDOM KARA, UDUMBANCHOLA TALUK. NEDUMKANDOM.P.O. 3. RADHA,W/O.JAGANNATHAN, GEETHALAYAM HOUSE,PADINJAREKAVALA, NEDUMKANDOM.P.O.,KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK. 4. PRARTHANA,D/O.LATE JAGANNATHAN, GEETHALAYAM HOUSE,PADINJAREKAVALA, NEDUMKANDOM.P.O.,KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK. 5. VIKRAMAN,S/O.LATE JAGANNATHAN, GEETHALAYAM HOUSE,PADINJAREKAVALA, NEDUMKANDOM.P.O.,KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.26619 OF 2009 () ----------------------------------- Dated this the 23rd day of September, 2009 J U D G M E N T The writ petition is filed seeking mainly the following reliefs: i. to issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the execution court, the Subordinate Judge's Court, Kattapana to stay all further proceedings in E.P.No.33 of 2003 in O.S.No.496 of 1993 till the disposal of A.S.No.43 of 2009 before the District Court, Thodupuzha. ii. to direct the lower appellate court, the District Court, Thodupuzha to dispose off the delay petition filed along with A.S.No.43 of 2009 before it within time frame to be fixed by this Honourable Court. iii. to issue a writ, order or direction to stay all further proceedings in E.P.No.33 of 2003 in O.S.No.496 of 1993 on the file of the Subordinate Judge's Court, Kattapana to stay all further proceedings in E.P.No.33 of 2003 in O.S.No.496 of 1993. WPC.26619/09 2 2. Petitioner has filed a claim petition under Order XXI Rue 58 of the Code of Civil Procedure in respect of the property attached in the execution proceedings for satisfaction of the decree debt passed in O.S.No.496 of 1993 on the file of the Sub Court, Kattappana. His claim petition was dismissed. Against which, he has preferred an appeal before the District Court, Thodupuzha. The appeal preferred with a petition to condone the delay awaits completion of service on the respondents. Meanwhile, the decree holder is taking hasty steps for sale of the property, is the case of the petitioner for seeking the reliefs aforementioned invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondents is necessary, and hence, it is dispensed with. The learned counsel for the petitioner submits that the appeal WPC.26619/09 3 preferred by him as A.S.No.43 of 2009 is posted on 7.10.2009 for production of the publication ordered against the respondents, since notice in the normal course could not be effected upon them. Till the appeal is heard and disposed of, the sale of the decree in O.S.No.496 of 1993 be adjourned, is the submission of the counsel. The appeal has been preferred by the petitioner with a petition to condone the delay and service on that delay petition is also not completed. Now, from the submissions made by the counsel, it is found, that the sale of the attached property in respect of which claim was raised by the petitioner and found against giving rise to the appeal, is fixed today. That being the case, I find no orders adjourning the sale can be passed by this Court. However, taking note of the submissions made and taking note of the facts and circumstances presented, I direct the execution court, Sub Court, Kattappana to keep in abeyance the confirmation of the sale, provided, the sale is conducted as fixed, for a period of one month from today. The District Court, Thodupuzha is also directed to complete the enquiry on the appeal if service is completed, as expeditiously as possible, WPC.26619/09 4 at any rate, within a period of one month. Send a copy of the judgment to the District Court, Thodupuzha and also Sub Court, Kattappana and hand over a copy of the judgment to the counsel for the petitioner on usual terms. Writ petition is disposed. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO. OF 2002 () ----------------------------------- Dated this the day of September, 2009 J U D G M E N T S.S.SATHEESACHANDRAN JUDGE prp