IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).No. 25904 of 2009(O) -------------------------- AGAINST THE ORDER IN EA 368/09 IN EP 72/2007 IN OS.244/2005 of MUNSIFF COURT, CHITTUR .................... PETITIONER(S): PETITIONER/JUDGMENT DEBTOR ----------------------------------------- GRACY JOSEPH, W/O.JOSEPH, PUTHAN HOUSE, KOZHIPPARA, VADAKARAPATHI VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): RESPONDENT/DECREE HOLDER --------------------------------------- SUDEVAN, S/O.CHAMY, AYYAKOUNDEN CHALLA, VADAKARAPATHI VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2010, THE COURT ON THE SAME DELIVERED THE FOLLOWING: WP(C)NO.25904/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF EP NO.72/2007 IN OS 244/2005 ON THE FILE OF MUNSIFF COURT, CHITTUR EXT.P2 TRUE COPY OF EA NO.413/2008 IN EP NO.72/2007 IN OS 244/2005 ON THE FILE OF MUNSIFF COURT, CHITTUR EXT.P3 TRUE COPY OF EA NO.368/2009 IN EP NO.72/2007 IN OS 244/2005 ON THE FILE OF MUNSIFF COURT, CHITTUR EXT.P4 TRUE COPY OF OBJECTION DATED 5.7.2009 FILED TO EXT.P3 BY THE PETITIONER EXT.P5 TRUE COPY OF ORDER DATED 22.7.2009 PASSED IN EA NO.368/2009 IN EP NO.72/2007 IN OS 244/2005 ON THE FILE OF MUNSIFF COURT, CHITTUR //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.25904 of 2009 -------------------------------------- Dated this the 29th day of June, 2010. JUDGMENT In execution of a decree for payment of money property belonging to the petitioner was sold and that sale was confirmed. In the meantime, petitioner/judgment debtor filed an application in the executing court under Order XXI Rule 64 of the Code of Civil Procedure (for short, “the Code”) seeking annulment of sale on the ground that the sale is void for non-compliance of the said provision. That application was dismissed against which this Writ Petition is filed. When this Writ Petition came up for hearing it was agreed between the parties hereto that on payment of Rs.45,000/-to the respondent the latter would reconvey property to the petitioner at the expense of petitioner. Accordingly, as agreed by both sides Rs.45,000/- has been deposited in the executing court. What remains is only grant of some time for petitioner to get the sale deed executed by the respondent. Learned counsel for petitioner seeks two months' time to make arrangements to get the sale deed at her expenses. Having heard learned counsel on both sides I am inclined to grant time as prayed for. Resultantly this Writ Petition is disposed of in the following lines: WP(C) No.25904/2009 2 i. The sum of Rs.45,000/- (Rupees fortyfive thousand only) deposited by the petitioner in the executing court can be withdrawn by the respondent as consideration for reconveyance of the property to the petitioner at the expense of latter. ii. Petitioner is given two months' time from this day to get the sale deed executed by the respondent at her expense. THOMAS P.JOSEPH, Judge. cks