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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.

Benares 1997 Muslim Gath

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 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.

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

 Crl.M.C.No.233 of 2011

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

 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/-

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