IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 Crl.MC.No. 233 of 2011() ------------------------ CMP.3829/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER: --------------- R.M.ABDUL SATHAR, S/O.R.A.MUHAMMED MOIDEEN,DIAMOND VEEDU, M.H.S.ROAD,PUDUNAGARAM,P.O.PUDUNAGARAM-678503, PALAKKAD DISTRICT. BY ADV. SRI.D.KRISHNA PRASAD SMT.S.SANTHY RESPONDENTS/COMPLAINANT: --------------- 1. SUBAIDA,D/O.ALIKUNJHU,KIZHAKKE PALLATHU VEEDU,KULUKKALLUR AMSOM AND DESOM,OTTAPALAM TALUK, P.O.KULUKKALLUR-679337. 2. STATE OF KERALA,REPRESENTELD BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, COCHIN-31. PUBLIC PROSECUTOR : ADV. SRI K J MOHAMMED ANSAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.233 of 2011 --------------------------------------- Dated this 27th day of January, 2011 ORDER Notice to respondent is dispensed with in view of the order I propose to pass in this petition. 2. Petitioner has suffered an order in M.C.No.25 of 1999 of the court of learned Judicial First Class Magistrate-I, Pattambi under Sec.3(i) of the Muslim Women (Protection of Rights on Divorce) Act. The property over which petitioner says, he has only 2/15 shares is proposed to be sold in public auction by the Tahsildar, Chittoor as seen from Annexure-II, sale notice. The sale is proposed to be held on 27.01.2011 at about 11 a.m. Petitioner says that the proceeding is invalid since no notice has been given to the petitioner and at any rate it is requested that petitioner may be granted some time for payment of the amount. Learned counsel submitted that of the sum of `.1,81,000/- due to the respondent, petitioner has deposited `.2,000/-. 3. I do not find any infirmity in Annexure-II, notice dated 20.01.2011 so that this court is required to interfere with that notice on that account. However, having regard to the difficulties of petitioner stated by the learned counsel I am inclined to give some time to the petitioner to pay the amount and save his share Crl.M.C.No.233 of 2011 -: 2 :- in the property. Learned counsel submitted that though the sale was scheduled to be held at 11.30 a.m today it has not so far been held. Resultantly this criminal miscellaneous case is disposed of (on the strength of the submission made by learned counsel that the sale has not so far taken place) in the following lines: (i) The sale proposed by the Tahsildar, Chittor by Annexure-II, notice will stand in abeyance for a period of three (3) months from this day subject to the following conditions: (a) Petitioner shall deposit before the learned Judicial First Class Magistrate-I, Pattambi `.50,000/- (Rupees Fifty Thousand Only) within one month from this day for payment to the respondent. (b) Petitioner shall deposit the balance amount in the said court within two months from the expiry of the said period of one month for payment to the respondent. (c) In case any of above conditions is violated, it will be open to the Tahsildar, Chittoor to proceed with sale after giving fresh public notice of such sale. (d) The proposed sale will stand in abeyance during the said period of three months or till default is committed as aforesaid, whichever is earlier. (THOMAS P JOSEPH, JUDGE) Sbna/-