IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 27557 of 2008(E) AGAINST THE ORDER IN EP 83/2004 IN OS.224/2000 OF PRINCIPAL SUB COURT, PALAKKAD PETITIONER: --------------- K.SHANMUGHAN, S/O. KUNCHAPPA PILLAI, AGED 56 YEARS, DINESH NIVAS, LINOS SCHOOL ROAD, KOPPAM, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT: --------------- M.SETHU, S/O. MURUGAN, AGED 51 YEARS, RESIDING AT NAVINHIKODE, PUTHUR AMSAM DESAM, SEKHARIPURAM P.O. PALAKKAD TALUK BY SENIOR ADVOCATE SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO THE NOTICE ISSUED UNDER ORDER XXI RULE 66. EXT.P2 TRUE COPY OF E.A.182/08 IN EP.83/04 OF THE COURT OF THE SUBORDINATE JUDGE OF PALAKKAD. EXT.P3 TRUE COPY OF E.A.NO.473/08 IN E.A.NO.182/08 IN E.P.NO.83/04 OF THE COURT OF THE SUBORDINATE JUDGE OF PALAKKAD. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 27557 OF 2008 E ------------------------------------------------------ Dated this the 20th February, 2009 JUDGMENT The petitioner is the judgment debtor in E.P.No.83 of 2004, Sub Court, Palakkad. In execution, sale of the property belonging to the petitioner was held on 19.12.2007. Petitioner filed E.A.No.182 of 2008 for setting aside the sale. It is stated that the application was being adjourned from time to time. Later, the application for setting aside the sale was dismissed for default. Petitioner filed E.A.No.473 of 2008 to restore E.A.No.182 of 2008. The grievance of the petitioner is that the application for restoration was adjourned to 25.9.2008, the same day on which the case was posted for confirmation of sale. 2. The reliefs prayed for by the petitioner are the following: “i) Set aside the order dated 20.62008 in E.A.No.182/2008 in E.P.No.83/04 of the Court of the Subordinate Judge of Palakkad. ii) Issue appropriate directions and allowing Ext.P3 application (E.A.473/08 in E.A.182/08 in E.P.83/2004 of the Court of the Subordinate Judge of Palakkad), and iii) Pass such other order, which are deemed fit and proper on the facts and circumstances of the case and in the interest of justice." W.P.(C) NO.27557 OF 2008 :: 2 :: 3. Now the application filed by the petitioner for restoration of the application to set aside the sale is pending. The court below has to consider that application. The court below shall consider E.A.No.473 of 2008, expeditiously and, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Till then, the sale shall not be confirmed. The Writ Petition is allowed as above. (K.T.SANKARAN) Judge ahz/