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Shaji vs Sreedhana Kuries & Loans Pvt. Ltd on 21 July, 2008

Kerala High Court
Shaji vs Sreedhana Kuries & Loans Pvt. Ltd on 21 July, 2008
       

  

  

 
 
  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.

                       -------------------------------

                       W.P.(C) No.21817 of 2008

                       -------------------------------

                      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.

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