IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 OP(C).No. 993 of 2011(O) --------------------------------- E.P. NO. 78/2010 IN EP 90/2001 IN AR.C. NO. 1/2001 of SUB COURT, MANJERI .................... PETITIONER: -------------------- M/S.CHHAJER FINANCE LIMITED, MINT STREET, PARK TOWN, 1ST FLOOR, CHENNAI-600 003, REPRESENTED BY POWER OF ATTORNEY HOLDER M.P.SASIDHARAN, S/O.APPU, ROJA MANDIR, MANAKKAL P.O., KOYILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- V.P.IBRAHIM, S/O.RAYINKUTTY HAJI, PALLIKKAPARAMBIL HOUSE, KODASSERY, CHEMBRASSERI P.O., PANDIKAD, MALAPPURAM DISTRICT, PIN-676 521. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 993 of 2011(O) --------------------------------------- APPENDIX PETITIONER'S EXHIBIT: EXT.P1 : COPY OF THE SALE CERTIFICATE ISSUED IN E.P. NO. 90/2001 IN A.R.C. NO. 1/2001 ON THE FILE OF THE SUB COURT, MANJERI ISSUED IN FAVOUR OF THE PETITIONER. EXT.P2 : COPY OF E.P. NO. 78/2010 IN A.R.C NO. 1 OF 2001 ON THE FILE OF THE SUB COURT, MANJERI FILED BY TH PETITONER. RESPONDENT'S EXHIBIT: NIL // TRUE COPY// PA TO JUDGE smt K.T.SANKARAN, J. ------------------------------ O.P(C)No.993 OF 2011 ------------------------------ Dated this the 6th day of June, 2011 JUDGMENT The petitioner, the decree holder in ARC No.1 of 2001 filed E.P.No.90 of 2001 on the file of the Court of the Subordinate Judge of Manjeri for execution of the award. It is stated that two items of immovable properties were attached, out of which one item was sold. The said item was purchased by the decree holder and Ext.P1 sale certificate was issued to the petitioner. It is stated that thereafter, the petitioner filed E.P.No.78 of 2010 for delivery of the property which was purchased by him in court auction. The grievance of the petitioner is that due to the dilatory tactics of the respondent, the Execution Petition could not be disposed of by the court below. The counsel for the petitioner submitted that no application was filed by the judgment debtor to set aside the sale. When the Execution Petition for delivery was filed, the judgment debtor filed several Execution Applications in order to protract the proceedings. O.P(C)No.993 OF 2011 2 2. Though notice was served on the respondent, there is no appearance. In the facts and circumstances of the case, there will be a direction to the Sub Court, Manjeri to dispose of E.P.No.78 of 2010 as expeditiously as possible. The Original Petition is disposed of as above. K.T.SANKARAN, JUDGE. cms