IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 OP(C).No. 1326 of 2011(O) AGAINST THE ORDER DATED 10.3.2011 IN E.P.NO.71 OF 2006 IN OS.127/2001 OF SUB COURT, KATTAPPANA PETITIONERS/JUDGEMENT DEBTORS: ------------------------------------------------ 1. GIJI, W/O. LATE TOMY, AGED 31 YEARS, RESIDING AT THOTTUVAYIL HOUSE, IDUKKI KAVALA KARA, KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK. 2. CHRISTINA MARIA TOM(MINOR AGED 7 YEARS) D/O. LATE TOMY, RESIDING AT THOTTUVAYIL HOUSE, IDUKKI KAVALA KARA, KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK, REPRESENTED BY NATURAL GUARDIAN(MOTHER) 1ST PETITIONER. BY ADV. SRI.C.K.PAVITHRAN SRI.M.VIVEK RESPONDENT: DECREE HOLDER ---------------------------- CLARAMMA, W/O. LATE KURIAN, AGED 56 YEARS, RESIDING AT KARUTHEDATHU, PUTHENPURAYIL HOUSE, NARAKAKKANAM KARA, THANKAMANY VILLAGE, IDUKKI DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 1326 OF 2011 O ------------------------------------------------------ Dated this the 6th day of April, 2011 JUDGMENT The petitioners are the judgment debtors in O.S.No.127 of 2001, Sub Court, Kattappana. E.P.No.71 of 2006 was filed for execution of the decree for realisation of money by attachment and sale of the property belonging to the judgment debtors. When the Execution Petition reached the last stage, the petitioners filed E.A.Nos. 30, 31, 32 and 33 of 2011 to adjourn the sale, to receive objection under Rule 66 of Order XXI of the Code of Civil Procedure, to permit the judgment debtors to deposit `50,000/- and to appoint a Commissioner. All those applications were considered by the executing court and the applications were dismissed as per Ext.P7 order dated 10.3.2011. Ext.P7 is under challenge in this Original Petition. 2. The property belonging to the judgment debtors was sold in court auction on 10.3.2011 and it was purchased by the decree holder. It is stated that the case is now posted to 26.5.2011 for confirmation of sale. O.P.(C) NO.1326 OF 2011 :: 2 :: 3. At this stage, the petitioners are not entitled to challenge Ext.P7 order, the sale already having taken place. The remedy of the petitioners is to apply for setting aside the sale either under Rule 89 or under Rule 90 of Order XXI of the Code of Civil Procedure. For the aforesaid reasons, the Original Petition is dismissed. (K.T.SANKARAN) Judge ahz/