IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 OP(C).No. 368 of 2011(O) ------------------------------------- E.P. NO.105/2008 IN ARC. 2186/2007 OF THE SUB COURT, KOYILANDY. .......... PETITIONER (S): -------------------- RAGHAVAN NAIR,K,AGED 55 YEARS, S/O.RAMUNNI KURUP, KADAMBOOR HOUSE, PO.KARAYAD, MAPPAYYUAR(VIA)KOZHIKODE 673 524. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): ------------------------- CHEMANCHERRY RURAL CO-OPERATIVE HOUSING SOCIETY LTD,NO.O.1941 PO,.KOYILANDY, PANTHILAYANI VILLAGE, KOYILANDY TALUK, KOZHKODE DISTRICT-673520. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K.T.SANKARAN, J. ------------------------------ O.P(C).No.368 OF 2011 ------------------------------ Dated this the 27 th day of January, 2011 JUDGMENT The petitioner was liable to pay amounts as per the award in ARC No.2186 of 2007, to the respondent, Chemancherry Rural Co-Operative Housing Society Ltd. Exeuction was levied by the respondent. From the records produced, it is seen that the property belonging to the petitioner was sold in court auction. On 26.11.2010, the Execution Petition was posted to 28.1.2011 for confirmation of sale. 2. At that juncture, the petitioner has filed this Original Petition for the following reliefs: “a) Call for the entire records which lead to the order dated 20.7.2009, 22.9.2010, 18.10.2010 and 26.11.2010 in Ext.P1 execution petition (In page No.6 and 9 of Ext.P1 contain the above order) and issue O.P(C).No.368 OF 2011 2 a writ, order or direction setting aside the same. b) Issue a writ, order or direction granting liberty to the petitioner to sell a portion of the decree schedule property by private sale and to clear the entire dues to the respondent bank within 6 months. c) Issue any other writ or direction as this Hon'ble Court deems fit in the circumstances of the case.” 3. The orders mentioned in relief (a) are the orders passed in execution holding that particular portions of land could be sold, for reducing the upset price etc. 4. As the immovable property is sold in execution, and it is posted for confirmation of sale, the judgment debtor is not entitled to file the Original Petition to set aside the orders passed at the stages preceding the sale, contending that sale of a lesser portion of the property alone was sufficient to discharge the decree debt. Those contentions are alien at the stage of O.P(C).No.368 OF 2011 3 confirmation of sale. The objections raised by the petitioner cannot be considered and the reliefs sought for by him cannot be granted at this stage and that too in an Original Petition under Article 227 of the Constitution of India. The Original Petition is, accordingly, dismissed, without prejudice to the legal remedies available to the petitioner. K.T.SANKARAN, JUDGE. cms