IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 RP.No.1309 of 2008 ---------------------- AGAINST THE ORDER IN CMC.39/2008 Dated 06/11/2008 .................... REVIEW PETITIONER/ RESPONDENT: ------------------------ T.T.DEVASSIA, S/O.MATHAI, 78 YEARS, POOVAKULA HOUSE, KOZHUVANAL PO., KOZHUVAMKULAM KARA, PULIYANNOOR VILLAGE MEENACHIL TALUK, FROM KARIMPANI P.O., MATTAKKARA KARA, AKALAKKUNNAM VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.G.S.REGHUNATH RESPONDENTS/ APPELLANTS: ----------------- 1. MARY PHILIP, W/O.PHILIP, AGED 48 YEARS, MADAYANKAL, NOW AT KIZHUTHARA NIRAPPEL, FROM KAIPPANPLACKAL, THEKKETHOTTIYIL, KOZHUVANAL PO., KOZHUVAMKULAM KARA, PULLIYANNOOR VILLAGE, MEENACHIL TALUK. 2. GIJOMON, S/O.PHILIP, AGED 24 YEARS, R/AT.MADAYANKAL, NOW AT KIZHUTHARA NIRAPPEL, FROM KAIPPANPLACKAL, THEKKETHOTTIYIL, KOZHUVANAL PO., KOZHUVAMKULAM KARA, PULIYANNOOR VILLAGE, MEENACHIL TALUK. 3. GIBI PHILIP, S/O.PHILIP, AGED 22 YEARS, MADAYANKAL, NOW AT DO.DO. GOVERNMENT PLEADER SRI.V.T.K. MOHANAN. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ----------------------------------------------- Review Petition No.1309 OF 2008 IN C.M.C No.39 OF 2008 IN RFA ---------OF 2008 (INDIGENT) --------------------------------------------- Dated this the 30th day of January, 2009. O R D E R Sankaran, J. This review petition is filed by the respondent in R.F.A (Indigent) seeking to review the interim order dated 06.11.2008 by which we passed an order of stay of confirmation of sale. 2. The contention put forward by the review petitioner is that the respondents (appellants in the appeal) are not entitled to any indulgence, that they are not really indigent persons and that the documents Annexures 25 and 26 executed by the first respondent were found to be in fraud of creditors and those documents were set aside. 3. We are of the view that these are all matters which can be raised in defence to the application under Order 33 Rule 1 of the Code of Civil Procedure. These matters need not be R.P.No.1309/2008 2 considered for the purpose of considering whether the interim order was passed correctly. We are of the view that, pendency of the application for filing the appeal as an indigent person is not a bar in granting an order of stay. Moreover, the stay is only regarding confirmation of sale. For the aforesaid reasons, we close this review petition reserving liberty of the review petitioner to take up the contentions taken in the review petition in defence to the application filed by the respondents under Order 33 Rule 1 of the Code of Civil Procedure. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp R.P.No.1309/2008 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. R.P.No. 1309 OF 2008 IN C.M.C No.39 OF 2008 IN RFA ---------OF 2008 (INDIGENT) O R D E R 30.01.2009