IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 RP.No. 209 of 2007() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.32941/2005 Dated 03/10/2006 .................... REVIEW PETITIONER(S): REVIEW PETITIONER/RESPONDENT -------------------------------------------------- DAMODARAN, S/O.KOCHUKUNJAN NADAR, RESIDING AT VINU COTTAGE, PATTAVILA, PUNAL MUNI, PERUMKULAM VILLAGE, NEDUMANGADU TALUK. BY ADV. SRI.R.S.KALKURA RESPONDENT(S): PETITIONER ------------------------- VIJARAJ, S/O.SIMSHON, AGRICULTURAL LABOURER, AGED 40 YEARS, RESIDING AT DAS BHAVAN, PATTAVILA PUNLALA MURI, PERUMKULAM VILLAGE, NEDUMANGADU TALUK. ADV. SRI.ABRAHAM MATHEW (VETTOOR) THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ R.P.NO.209 OF 2007 ------------------------------------------ Dated 20th February 2009 O R D E R This petition is filed to review the judgment in W.P.(C).32941/2005. As per the judgment the executing court was directed to proceed with the sale of item No.1 of the decree schedule property and only if by sale the decree debt could not be completely realised, sale is to conduct in respect of item No.2. This petition is filed under Order XLVII of Rule 1 of Code of Civil Procedure contending that when judgment was pronounced the sale was not only over but even a sale certificate was issued as early as on 26/9/2006 and this fact was omitted to be brought to the notice of this court. 2. Petitioner has produced Ext.A4 certified copy of the sale certificate issued in E.P.127/2000 in O.S.130/1999. It shows that properties were sold in court auction and sale certificate was issued on 26/9/2006. 3. In such circumstances, judgment dated 3/10/2006 is reviewed. Post the writ petition before the appropriate court for disposal. M.SASIDHARAN NAMBIAR, JUDGE. uj.