IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 2637 of 2009(L) ------------------------- CMA.133/2007 of I ADDL. DISTRICT COURT, THRISSUR EA.1177/07 IN EP.1242/04 IN OS.698/2003 of II ADDL.MUNSIFF COURT, THRISSUR .................... PETITIONER(S): --------------- SHEELA BENNY, W/O.K.K.BENNY, KADAVI HOUSE, ANCHERY, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): --------------- GOLDVIN CHITTIES & HIRE PURCHASE (P) LTD RICE BAZAR, THRISSUR ADV. SRI.K.N.PADMAKUMAR FOR R1 SRI.K.P.SAILESH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 2637/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ORDER DATED 17.9.2007 IN E.A.No.1177/07 IN E.P.No.1242/04 OF 2ND ADDL. MUNSIFF's COURT, THRISSUR. EXT.P2: COPY OF THE MEMORANDUM OF CIVIL MISCELLANEOUS APPEAL NO.133/07. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.2637 of 2009 --------------------------------------------- Dated this the 18th day of February, 2009 JUDGMENT In execution of the decree in favour of the respondent decree holder, the property belonging to the petitioner was sold in court auction and it was purchased by the decree holder. An application under Rule 90 of Order XXI of Civil Procedure Code, was filed by the judgment debtor. The executing court dismissed that application. It is submitted that C.M.A.No.133 of 2007 on the file of the I Additional District Court, Thrissur is pending in which the order passed by the executing court was challenged. Meanwhile, when the petitioner apprehended that the property would be delivered, he approached this Court by way of this Writ Petition. It is submitted that the petitioner as well as the respondent have settled the matter and the entire amount payable to the decree holder/auction purchaser in this case has been paid. Accordingly, it is agreed that the sale is to be set aside by allowing C.M.A.No.133/07. The submissions made by the counsel are recorded and the Writ Petition is closed. K.T.SANKARAN, JUDGE csl