Saidalavi K.T vs Fathima Rahman
2021 Latest Caselaw 22663 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT
                  THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         Friday, the 19th day of November 2021 / 28th Karthika, 1943
                            OP(C) NO. 1978 OF 2021

E.P No.164/2020 of MUNSIFF COURT, TIRUR

OS 1581/2017 OF MUNSIFF COURT,CHAVAKKAD

 PETITIONER/JUDGMENT DEBTOR:

      SAIDALAVI K.T, AGED 60 YEARS, S/O KUNCHIKOYA MASTER, KUNNATHODI
      HOUSE, PUTHOOR P.O, KOTTAKKAL, MALAPPURAM DISTRICT-679503.

       BY ADV. MR.A.HAROON RASHEED




 RESPONDENT/DECREE HOLDER:

      FATHIMA RAHMAN, AGED 59 YEARS, W/O MUHAMMED ABDURAHMAN, NARANATH,
      VAILATHOOR P.O, CHAVAKKAD TALUK, THRISSUR DISTRICT-679563.



      This OP(C) having come up for orders on 19-11-2021 upon perusing the
 petition, the court on the same day passed the following:




                                                                       (P.T.O)
                          A.BADHARUDEEN, J.

         -----------------------------------------------------------
              Original Petition(C)No.1978 of 2021
         -----------------------------------------------------------
          Dated this the 19th day of November, 2021


                                ORDER

When this matter is taken for hearing, it is submitted by

the learned counsel for the respondent that since the stay order

passed in this case was not informed to the court below in time,

sale was conducted on 08.11.2011. Whereas, the learned counsel

for the petitioner would submit that stay order was timely

communicated to the execution court and therefore, sale is not

effected as submitted by the learned counsel for the respondent.

According to the learned counsel for the petitioner, the proceedings

of the execution court, as could be gathered from the website,

would go to show that the matter was posted after recording 'stay'.

Since there is dispute with regard to the proceedings of the

execution court in the matter of sale stayed by this Court, call for a Original Petition(C)No.1978 of 2021

report from the execution court regarding the proceedings in

between grant of stay by this Court in this matter till to this date,

so as to appraise what happened in between the period and

dispose of the matter on merits.

Call with report on 10.12.2021.

Sd/-

A.BADHARUDEEN, JUDGE rkj

19-11-2021 /True Copy/ Assistant Registrar