IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 OP(C).No. 1998 of 2011(O) ------------------------- AGAINST THE ORDER IN EP.306/2008 IN OS.297/2006 of SUB COURT,THRISSUR .................... PETITIONER: ---------------------- C.J.SUNNY, S/O. JOHN CHIRATH, KURUMBILAVU VILLAGE, PAZHUVIL DESOM, THRISSUR. BY ADVS. SRI.K.S.RAJESH, SRI.M.SHAJU PURUSHOTHAMAN. RESPONDENT(S): --------------------------- KARUNYA KURIES AND LOANS PVT.LTD., KARUNYA CHAMBERS, OPP: POLICE CLUB, HIGH ROAD, THRISSUR-1. BY ADVS. SRI.P.B.KRISHNAN, SRI.P.B.SUBRAMANYAN. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.1998/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT DTD. 16/03/2006 OF O.S.297/2006 FILED BY THE RESPONDENT. P2: COPY OF E.P.306/2008 DTD. 27/06/2008 FILED BY THE RESPONDENT. P3: COPY OF THE ORDER DTD. 24/05/2011 PASSED BY THE SUB COURT IN E.A. 2044/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== O.P(C) No.1998 of 2011 ==================================== Dated this the 19th day of August, 2011 J U D G M E N T Petitioner suffered a decree for payment of money in O.S. No.297 of 2006 of the court of learned Sub Judge, Thrissur. In execution of that decree in E.P. No.306 of 2008, the 7.0283 cents of land with a building belonging to the petitioner was sold in auction and purchased by the respondent-decree holder. Sale was confirmed and property was ordered to be delivered as per Ext.P3, order. At that stage petitioner approached this Court challenging Ext.P3. Learned counsel for petitioner submits that property sold is the only property belonging to the petitioner. Petitioner is prepared to pay the amount due to the respondent- decree holder. Learned counsel for respondent submitted that respondent is willing to re-convey property to the petitioner provided the entire amount due under the decree with sannad charges and interest payable on the decretal amount till the date of payment is paid within three months from this day. It is also pointed out that expenses for re-conveyance shall be met by the petitioner. Learned counsel for petitioner is agreeable for the said O.P(C) No.1998 of 2011 -: 2 :- suggestion. Submissions made by counsel on both sides are recorded. Original Petition is disposed of as follows: (a) Petitioner is permitted to pay the entire amount due under the decree with interest thereon till date of payment as also sannad charges to the respondent within three months from this day. (b) On payment of the amount as aforesaid, respondent shall re-covey the property to the petitioner at the expenses of the latter. (c) Delivery proceeding in E.P. No.306 of 2008 will stand in abeyance for a period of three months from this day or till re-conveyance of the property is effected, whichever is earlier. O.P(C) No.1998 of 2011 -: 3 :- (d) Executing court shall decide on the further proceeding to be taken in the E.P pursuant to the compliance or otherwise of the above directions. THOMAS P. JOSEPH, JUDGE. vsv