IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 16958 of 2008(R) -------------------------- AGAINST THE ORDER DATED / / IN IA 1403/06 IN AS.189/2006 of ADDL. DISTRICT COURT-II, MAVELIKKARA OS.23/2004 of MUNSIFF COURT,HARIPAD .................... PETITIONER: ------------ SURESH,S/O NARAYANAN, SARADALAYAM, MUTHUKULAM SOUTH MURI, MUTHUKULAM VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN SMT.SURYA SASI RESPONDENTS: ------------- 1. ABHILASH, W/O ASOKAN, NITHA VEETIL, MUTHUKULAM NORTH MURI, MUTHUKULAM VILLAGE. 2. SREEATHY, W/O ASOKAN, NITH VEETIL, MUTHUKULAM NORTH MURI, MUTHUKULAM VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.16958 of 2008 ------------------------------- Dated this the 9th June, 2008. J U D G M E N T This is a petition filed under Article 227 of the Constitution of India to set aside Ext.P6 order, where under the objection to notice under Rule 66 of Order XXI of Code of Civil Procedure submitted by the petitioner/second judgment debtor was rejected. Subsequent to Ext.P6 order,it is reported by the Munsiff, Haripad, that property was sold on 26.5.2008 itself. In such circumstances, petition is dismissed as infructuous with liberty to file petition either under Rule 89 or Rule 90 of Order XXI of Code of Civil Procedure before the Executing Court. M.SASIDHARAN NAMBIAR, JUDGE nj.