IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 OP(C).No. 919 of 2010(O) ----------------------------------- ( IN EP 127/06 IN OS.122/2004 of PRINCIPAL SUB COURT, PALAKKAD) .................... PETITIONER ------------------- K.G.SAKTHIDHARAN, S/O. GANGADHARAN ATHIKUZHI, CHITTUR VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADVS. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): -------------------------- SANKARANARAYANA MENON, S/O. DAKSHAYANI AMMA, PULLOD VEEDU, GOPALA MANDIRAM, ERIMAYOOR P.O., ALATHUR TALUK, PALAKKAD DISTRICT-678546. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.919 of 2010 --------------------------------------- Dated this 30th day of November, 2010 JUDGMENT The prayer in this petition is for time for payment of the decree amount. It is seen that petitioner had approached this court in W.P.C.No.5668 of 2009 and this court disposed of the same by judgment dated 02-04-2009. This court, dispelling other contentions raised by petitioner granted him time for payment of the decree amount. When petitioner was not able to pay the decree amount within the time thus granted, he applied for and obtained extension of time as per order on I.A.No.6631 of 2009. Now, a fresh petition is filed against seeking further time. I do not consider that it is proper to entertain this petition when another learned Judge of this court has already disposed of a writ petition, granted time and even extended it further. It is open to the petitioner to seek extension of time if petitioner is otherwise entitled to that course in W.P.C.No.5668 of 2009. 2. Without prejudice to that right if any of petitioner this petition is closed but, to enable petitioner move such application I direct that sale of property scheduled on 2nd December, 2010 will stand adjourned to a day after one week from 02-12-2010 on O.P(C).No.919 of 2010 : 2 : condition that petitioner filed affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for such sale. (THOMAS P JOSEPH, JUDGE) Sbna/-