IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No.1298 of 2009 (D) -------------------------------- AS.65/2008 of DISTRICT COURT, THALASSERY EP.73/2008 of S.C.,THALASSERY .................... PETITIONER: APPELLANT ----------------------------- SUMITHRA, W/O.LATE BALAN, 75 YEARS, OCCUPATION NIL, PADICHALIL HOUSE, MOUVANCHERRY AMSOM, KANAYANNUR DESOM, KANNUR TALUK. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENTS: RESPONDENT & APPELLANTS ------------------------------------------------------ 1. SREE GOKULAM CHIT AND FINANCE CO.(P) LTD., KANNUR BRANCH, REPRESENTED BY ITS MANAGING DIRECTOR SRI.A.M.GOPALAN THROUGH SRI.K.RAJAN, ASSISTANT ARREARS MANAGER GOKULAM CHITS AND FINANCE CO(P) LTD., KANNUR BRANCH AS P.A.HOLDER 2. DEEPAK, S/O.LATE BALAN, 38 YEARS, ADVOCATE, PADICHALIL HOUSE, MOUVANCHERRY AMSOM, KANAYANNUR DESOM, KANNUR TALUK. 3. ARUN, S/O.LATE BALAN, 25 YEARS, OCCUPATION NIL, PADICHALIL HOUSE, MOUVANCHERRY AMSOM, KANAYANNUR DESOM, KANNUR TALUK. 4. SUDHARMA, D/O. LATE BALAN, 32 YEARS, OCCUPATION NIL, PADICHALIL HOUSE, MOUVANCHERRY AMSOM, KANAYANNUR DESOM, KANNUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C No.1298 of 2009 ------------------------------------------------ Dated this the 13th day of January, 2009 JUDGMENT Heard the counsel for the petitioner. 2. Petitioner is the judgment debtor in O.S.144/06 on the file of the Sub Court, Thalassery. He has preferred A.S.65/08 before the District Court, Thalassery assailing the decree passed against him in the said suit and has obtained interim stay vide Ext.P1 order on condition of his furnishing security for the decreetal amount in the lower court by 18/06/08. The grievance of the petitioner is that proceedings in Ext.P3 execution petition is in progress for sale of the property belonging to him; that he has furnished security of immovable property in the court below but it so happened that it was furnished beyond 18/06/08 and therefore, the execution court did not consider the said security W. P. C No.1298 of 2009 -2- furnished in view of the time limit in Ext.P1 order; that therefore, he moved application before the first appellate court for enlargement of time to furnish security but that no orders are passed thereon and that therefore, the first appellate court (the District Court, Thalassery) be directed to pass appropriate orders on I.A.1485/08 filed by him for extension of the period granted for furnishing security as per Ext.P1 order. 3. In the result, I direct the District Court, Thalassery to pass appropriate orders on I.A.1485/08 in A.S.65/08 at the earliest and in any event before the 28th of January, 2009. 4. This Writ Petition is disposed of with the above direction. The petitioner is directed to produce a copy of this judgment in the court below forthwith to enable the first appellate court to act in compliance with the W. P. C No.1298 of 2009 -3- direction given above. 5. Issue copy of this judgment to the counsel for the petitioner urgently. K.P.BALACHANDRAN, JUDGE kns/-