IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 OP(C).No. 3692 of 2011(O) ------------------------------------- EP. 309/2004 IN EP 25/2004 IN ARC.1530/2002-03 of MUNSIFF MAGISTRATE COURT, PERINTHALMANNA . .................... PETITIONERS ------------------------ 1. PARVATHY, D/O.SANKARAN, POOKUNNATH HOUSE, ALIPARAMBA AMSOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. 2. RAJI, D/O.SANKARAN, POOKUNNATH HOUSE, ALIPARAMBA AMSOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. 3. SUDHA, D/O.SANKARAN, POOKUNNATH HOUSE, ALIPARAMBA AMSOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): ------------------------- 1. PERINTHALMANNA TALUK RURAL HOUSING SOCIETY REPRESENTED BY ITS SECRETARY PERINTALMANNA P.O., MALAPPURAM DISTRICT. 679 322. 2. THE ASSISTANT REGISRAR OF CO-OPERATIVE SOCIETIES, PERINTHALMANNA, PERINTHALMANNA P.O., MALAPPURAM DISTRICT. 679 322. R2 BY GOVT. PLEADER SRI.K.C.VINCENT THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OPC. NO.3692/2011 APPENDIX PETITIONER(S) EXHIBITS P1:- COPY OF THE ASSIGNMENT DEED OF THE ABOVE PROPERTY. P2:- COPY OF THE LOAN PASS BOOK. P3:- COPY OF THE EXECUTION PETITION. P4:-COPY OF THE MEDICAL CERTIFICATE. P5:- COPY OF THE CONSENT LETTER DATED 24.06.2008. P6:- COPY OF THE SALE CERTIFICATE DATED 18.03.2009. P7:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C)NO.25221/2008 DATED 06.01.2009. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3692 of 2011 --------------------------------------- Dated this 15th day of November, 2011 JUDGMENT Brother of petitioners availed a loan from the first respondent Co-operative Society and the Arbitrator passed an award in favour of the first respondent and against the brother of petitioners. That award was executed in E.P.No.309 of 2004 of the Court of learned Munsiff-Magistrate, Perinthalmanna. The property of brother of petitioner was sold and purchased by the first respondent. Petitioners are the unmarried sisters of judgment debtor staying in the house in the said property. According to the petitioners, judgment debtor executed Ext.P5, consent letter in their favour in June 2008 that he has no objection in their getting a reconveyance of the property. Since then the judgment debtor is missing. Petitioners approached the first respondent offering to pay the amount due. It is alleged that though first respondent initially agreed to reconvey the property on payment of the amount, later, it resiled from that stand. According to the petitioners, sale in favour of the first respondent is illegal for various reasons. Hence this petition for a direction to quash Ext.P6, sale certificate in favour of the first respondent O.P(C).No.3692 of 2011 -: 2 :- and a direction to the first respondent to reconvey property to the petitioners. 2. If the sale is illegal, it has to be set aside at the instance of the judgment debtor as provided under law. It is not as if petitioners who are sisters of the judgment debtor could approach this Court with a request to set aside the sale certificate, nor can this court direct the first respondent to receive the amount from petitioners and reconvey the property. That is a matter which the first respondent has to decide. 3. Learned counsel submits that if the matter is brought for mediation there is possibility of the matter being settled. If that is the situation, it is open to the petitioners to bring the matter to the notice of the Legal Service Authority having jurisdiction over the area concerned. Petitioners can resort to that remedy if any available to them. With the above observation this original petition is closed. (THOMAS P. JOSEPH, JUDGE) Sbna/-