IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 9286 of 2010(O) --------------------------------------- EA. 168/2010 IN EP. 398/2008 IN OS.1/2006 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER(S): ------------------------- KHASIM SAIT, VAYALIL VEEDU, UNITY LANE, LAEKSHMINADA, KOLLAM DISTRICT. BY ADV. SRI.S.M.ALTHAF RESPONDENT(S): -------------------------- 1. R.SUBHODHINI, W/O.LATE SWAMINATHAN, THANKACHI VEETTIL, KOLLAM EAST VILLAGE, KOLLAM (DECREE HOLDER). 2. S.SARAVANAN, S/O.SIVARAMAKRISHNAN ACHARY, SARASWATHY NIVAS, ANJALI ROAD, NEAR SANKERS HOSPITAL, VADAKKEVILA VILLAGE, KOLLAM(JUDGEMENT DEBTOR). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- WP(C) No.9286 of 2010-O ------------------------------------- Dated 19th March 2010 Judgment In this Petition, filed under Article 227 of the Constitution of India, the limited prayer of the petitioner is for a direction to the Sub Court, Kollam to dispose of EA No.167/10 in EP No.398/08 pending before the said Court as early as possible. 2. The first respondent obtained a decree against the second respondent, which was put in execution. The property of the judgment debtor was brought to sale and it was purchased by the petitioner for a sum of Rs.51 lakhs. Subsequent to the sale, it was revealed that the property was mortgaged to the Canara Bank. The Bank came forward with a claim on the property. Under such circumstances, the petitioner was constrained to file the above said EA, seeking to have the sale set aside and for refund of the money deposited by him. The WPC 9286/10 2 petitioner points out that the delay in disposing of the EA is causing irreparable loss and injury to him as the amount deposited by him remains in the Court. 3. In the light of the order that is proposed to be passed in this Petition, it is felt that it is unnecessary to issue notice to the respondents. 4. The petitioner has filed an application to have the sale set aside and he is the auction purchaser and has deposited an amount of Rs.51 lakhs in pursuance of the sale, which was made in his favour. There is no reason for the Court below not to dispose of the EA filed by the petitioner. Accordingly, there will be a direction to the Sub Court, Kollam to take up EA No.167/10 in EP No.398/08 pending before the said court forthwith and dispose of the same in accordance with law as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this Judgment. P.BHAVADASAN, JUDGE WPC 9286/10 3 sta WPC 9286/10 4