IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 233 of 2011()
1. R.M.ABDUL SATHAR,
... Petitioner
Vs
1. SUBAIDA,D/O.ALIKUNJHU,KIZHAKKE PALLATHU
... Respondent
2. STATE OF KERALA,REPRESENTELD BY THE
For Petitioner :SRI.D.KRISHNA PRASAD
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :27/01/2011
O R D E R
THOMAS P JOSEPH, J.
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Crl.M.C.No.233 of 2011
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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/-