IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 10480 of 2007(V) --------------------------------------- (OS.101/1999 OF SUB COURT,TRIVANDRUM) .................... PETITIONER: ------------------- D.SOBHANA, W/O.ANIRUDHAN, AGED 43 YEARS, RESIDING AT ANI BHAVAN, M.P.4/839 A, PERAYATHUMUGAL, PIRAPPANCODE, THIRUVANANTHAPURAM FROM `ANI BHAVAN', NETTAYAM, KACHANI P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD, SRI.MANU V., SRI.RAM MOHAN.G. RESPONDENT: ---------------------- S.MURALEEDHARAN NAIR, S/O.SREEDHARAN PILLAI, AGED ABOUT 44 YEARS, RESIDING AT `SURESH BHAVAN', CHENNIYOORKKONAM, NETTAYAM, MANIKANTESWARAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.L.MOHANAN, ADV. SRI.M.V.KIRAN MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10480/2007-V: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE JUDGMENT, DTD. 04/01/2000, OF THE PRINCIPAL SUBORDINATE JUDGE, THIRUVANANTHAPURAM, IN O.S. NO.101/1999. EXT.P.2: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE COURT OF THE PRINCIPAL SUBORDINATE JUDGE, THIRUVANANTHAPURAM, AS I.A-2318/2005 IN O.S. NO. 101/1999. EXT.P.3: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE COURT OF THE PRINCIPAL SUBORDINATE JUDGE, THIRUVANANTHAPURAM, AS I.A. NO:6349/2006 IN I.A. 2318/2005 IN O.S. NO. 101/1999. EXT.P.4: PHOTOGRAPH OF THE PROPERTY OF THE PETITIONER WITH THE BUILDING, WHICH HAD BEEN SOLD TO THE RESPONDENT. EXT.P.5: COPY OF THE E.A. NO. 1724/2006 IN E.P. NO:113/2000 IN O.S. NO. 101/1999 FILED BY THE PETITIONER BEFORE THE COURT OF THE PRINCIPAL SUBORDINATE JUDGE, THIRUVANANTHAPURAM. EXT.P.6: COPY OF THE ORDER, DTD. 21/02/2007, OF THE PRINCIPAL SUBORDINATE JUDGE, THIRUVANANTHAPURAM, IN E.A. NO. 1724/2006 IN E.P. NO:113/2000 IN O.S. NO. 101/1999. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. M.N.KRISHNAN, J ===================== W.P.(C) No.10480 OF 2007 ===================== Dated this the 31st day of January 2008 JUDGMENT This writ petition is filed for a direction to set aside Ext.P6 order and also to keep in abeyance all further proceedings in E.P.No.113 of 2000 till final orders are passed in I.A.Nos.6349 & 6350 of 2006. At the time of admission of the writ petition, this court directed the judgment debtor to deposit the entire decree amount with interest, cost, etc on or before 30.3.2007 and accordingly the writ petitioner deposited a sum of Rs.3,10,060/-. Now the matter is settled between the judgment debtor and the decree holder and they have filed a compromise petition as I.A.No.1426 of 2008. Compromise is recorded and the writ petition is disposed of as follows:(1) Out of the total deposit of Rs.3,10,060/-, the decree holder is permitted to withdraw Rs.2,60,000/- from the executing court.(2) The judgment debtor is permitted to withdraw the balance amount of Rs.50,060/- from the very same court. (3) On withdrawal of the amount by the decree holder the court shall set aside the sale, record full satisfaction of the decree and dismiss the execution petition.(4) The judgment debtor is directed to WP(C) 10480/2007 -:2:- withdraw any other proceedings before any other court in connection with this subject matter. (5) The compromise petition shall form part of the judgment. M.N.KRISHNAN, JUDGE Cdp/-