IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 23742 of 2006(B) -------------------------- OS.367/2002 of MUNSIFF COURT, PUNALUR .................... PETITIONER: --------------------- REVAMMA, CHARUVILA PUTHEN VEEDU, PANAYAM, YEROOR, KOLLAM DISTRICT. BY ADV. SRI.B.KRISHNA MANI RESPONDENT: ----------------------- CHANDRASEKHARAN PILLAI, S/O. KRISHNAN PILLAI, KIZHAKKUMKARA VEEDU, YEROOR VILLAGE. BY ADV. SRI.RAJESH VIJAYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23742/2006 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE EXECUTION PETITION DTD. 22/01/2004. EXT.P2: COPY OF THE APPLICATION E.A.NO.160/04 DTD. 15/10/2004. EXT.P3: COPY OF THE ORDER DTD. 25/11/2004 IN E.A.NO.160/04. EXT.P4: COPY OF THE MEMORANDUM OF APPEAL CMA NO.77/04 BEFORE THE SUB COURT, KOTTARAKKARA DTD. 20/12/2004. EXT.P5: COPY OF THE JUDGMENT DTD. 31/07/2006 IN CMA NO.77/04 BEFORE THE SUB COURT, KOTTARAKKARA. EXT.P6: COPY OF THE RECEIPT DTD. 12/04/2006. EXT.P7: COPY OF THE RECEIPT DTD. 9/02/2005. /TRUE COPY/ P.A. TO JUDGE Kss M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 23742 OF 2006 --------------------- Dated this the 20th day of February, 2008 JUDGMENT This writ petition is preferred with a prayer to quash Exts.P3 and P5. The decree holder in execution of the decree brought the property of the judgment debtor to be sold in auction and the sale was confirmed by the court. The sale certificate issued and it is in the stage of delivery. It is at this stage, the judgment debtor has moved the writ petition to quash the sale. 2. The total decree amount claimed as on the date of filing of the execution petition (i.e. 21.1.04 is Rs.58,301/-). The judgment debtor has deposited Rs.15,000/- on 9.2.05, Rs.51,110/- on 12.4.06 and Rs.5,000/- in the year 2006 as per the direction of this court. In other words, a deposit of Rs.71,110/- before the court. Unfortunately, the court below by order dated 25.11.04 directed the property to be sold on that day itself and later confirmed the sale also on the same day. 3. It is fundamentally against the provisions of the Civil Procedure Code and therefore the sale is invalid and any act done in pursuance to such a sale, is not proper. Therefore the sale has to be set aside and I do so. 4. After the suggestion for settling the matter in the light of the WPC NO 23742/06 2 special circumstances, the learned counsel appearing for both sides supplied the materials for deciding the case. Going through the entire matter, I feel that atleast the amount has to be paid to the decree holder. Since already there is a deposit of Rs.71,110/- before the court, including 5% discount and other expenses incurred in connection with the sale, I feel the judgment debtor can pay a consolidated sum of Rs.81,000/- and decree holder can withdraw the same whereby full satisfaction can be recorded. Therefore the writ petition is disposed of as follows: The sale under challenge is set aside and the decree holder is entitled to get a sum of Rs.81,000/-. Towards the decree amount, the judgment debtor is further directed to deposit a sum of Rs.9,890/- to make it Rs.81,000/-. If the said amount is not deposited within a period of one month, the decree holder will be permitted to proceed further for a fresh sale of the property in accordance with law. I hope and wish that the amount will be deposited and that the litigation is not further prolonged. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 23742/06 3