IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 28825 of 2004(F) -------------------------- AGAINST THE ORDER IN EP NO.39/2003 IN OS 151/2001 of MUNSIFF-MAGISTRATE COURT, PERAMBARA .................... PETITIONER(S): --------------- P.T.RAMAKRISHNAN, KAITHERI VEEDU, URALLOOR AMSOM, ARIKKULAM DESOM, KOYILANDI TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- PALOTT NARAYANAN, KARAYAD AMSOM, THIRUVANGAYOOR DESOM. ADV. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE APPLICATION DATED 16/7/2004 IN THE EXECUTION PROCEEDINGS IN EP NO.39/2003 EXT.P2 TRUE COPY OF THE SALE PROCLAMATION DATED 14.6.2004 //TRUE COPY// THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P(C) No.28825 of 2004 = = = = = = = = = = = = = == = = = = = = = = = = = Dated this the 23rd day of October, 2008 J U D G M E N T ---------------------- Heard both sides. 2. Exhibit P2, sale proclamation in E.P. No.39 of 2003 in O.S.. No.151 of 2001 of the Court of Munsiff-Magistrate, Perambra is under challenge. Learned counsel for respondent stated that the property has already been sold on 19.7.2004 and the sale was confirmed on 27.9.2004 but this Writ Petition was filed only on 29.9.2004. Counsel also submits that the auction purchaser is not made a party in this proceedings. It is further submitted that out of the sale proceeds the balance amount after adjusting the decree debt was given to the petitioner on 2.11.2004. 3. Learned Munsiff-Magistrate as per letter dated 14.3.2008 has reported that the property was sold on 19.7.2004 for a total sum of Rs.30,100/-, the sale was confirmed on 27.9.2004 and cheque for Rs.19,478/- has been issued to the decree holder as per order dated 2.11.2004. 4. In the above circumstances this Writ Petition challenging the proclamation has become infructuous. W.P(C) No.28825 of 2004 -: 2 :- Writ Petition is closed as infructuous without prejudice to the right, if any of the petitioner. THOMAS P.JOSEPH, JUDGE. vsv