IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21817 of 2008(V)
1. SHAJI,S/O.JOSEPH, PALLIPPATTU HOUSE
... Petitioner
2. SARAMMA,
Vs
1. SREEDHANA KURIES & LOANS PVT. LTD
... Respondent
For Petitioner :SRI.SAJAN VARGHEESE K.
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :21/07/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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W.P.(C) No.21817 of 2008
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Dated this the 21st July, 2008.
J U D G M E N T
This petition is filed under Article 227 of the Constitution
of India for a direction to Sub Court, Palakkad, to dispose Exts.P3 and
P4 applications filed by the petitioners under Section 47 of Code ofCivil
Procedure, and also for a stay of execution till the disposal of other
applications.
2. Petitioners are judgment debtors in O.S.No.384 of
1999. In execution of the mortgage decree, property of the petitioners
were sold and now a petition for delivery by the auction purchasers-
decree holders is pending. At that stage, Exts.P3 (E.A.No.547 of 2008)
and P4 petitions were filed to set aside the sale under Section 47 of
Code of Civil Procedure and to stay the execution till the disposal of
E.A.No.547 of 2008. The grievance of petitioners is that Exts.P3 and
P4 petitions are posted to 2.8.2008, for filing objections, and unless
petitions are considered before directing delivery, petitions will
become infructuous, and in such circumstances, a direction as above is
sought for.
W.P.(C) No.21817 of 2008
2
Sub Judge, Palakkad, is directed to dispose of Exts.P3
and P4 applications, as expeditiously as possible. If an application is
filed by the petitioners to advance Exts.P3 and P4 petitions, learned
Sub Judge to advance the same and pass appropriate orders, in
accordance with law, without delay.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.
