IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 29239 of 2007(E) ---------------------------------------- PETITIONER: -------------------- SALMA, W/O. ALIYAMKADAVATHU SAHIR, AZHIKODE VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT: ------------------------ UNNIKRISHNAN, S/O.KOZHIPARAMBIL SANKARAN AZHIKODE VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.V.M.KRISHNAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29239/2007 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DECREE IN O.S.NO.243/00 DTD. 22/07/02 ON THE FILE OF THE MUNSIFF COURT, KODUNGALLUR ALONG WITH A COMPROMISE PETITION. EXT.P2: COPY OF THE ORDER PASSED IN E.A.666/05 IN E.P.NO.163/03 IN O.S.NO.243/00 DTD. 30/09/06 ON THE FILE OF THE MUNSIFF COURT, KODUNGALLUR. EXT.P3: COPY OF THE JUDGMENT IN C M A 43/06 DTD. 31/07/07 ON THE FILE OF THE PRINCIPAL SUB COURT, IRINJALAKUDA. /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 29239 OF 2007 = = = = = = = = = = = = = = = Dated this the 8th day of February, 2008. J U D G M E N T This writ petition is preferred against the order of the Subordinate Judge, Irinjalakuda in CMA 43/06 whereby he declined to interfere with the order of the Munsiff who had refused to set aside the sale under order 21 Rule 90 CPC. When the matter came up for consideration the learned counsel for the writ petitioner made me available the original of the agreement entered into between the parties whereby the entire matter has been compromised and Rs.1,25,000/- had been paid and it was decided to withdraw all the cases pertaining to the same. A copy of the agreement is given to the learned counsel for the decree holder as well. The decree holder's counsel would submit that the decree holder was the auction purchaser and the amount has been deposited in Court and since the entire decree amount has been now received she may be permitted to withdraw the W.P.C 29239 OF 2007 -:2:- amount deposited by her towards the purchase price for the property. Since there is an agreement between the parties with respect to the same they can point it out to the Court by filing an application for withdrawal of the amount and the Court can consider the same. Since the matter has been settled between the parties the sale is set aside. The parties may file an application before the Court below for recording full satisfaction and the Court can record full satisfaction also. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-