IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 7407 of 2010(O) ------------------------- ARC.29/2001 of I ADDL.MUNSIFF COURT.,NEYYATTINKARA .................... PETITIONER: --------------- RAVEENDRAN NAIR S/O. THANKAPPAN PILLAI, PADMAVILASAM BUNGLOW THOLADI, KUNNATHUKAL DESOM, KUNNATHUKAL VILLAGE NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT: --------------- SADASIVAN, S/O.KANNU NADAR MANAGING PARTNER, SREE BHADRA CHITTY FUND RAMAVARMAN CHIRA DESOM, THOLADI, IDAIKKODU VILLAGE, VILAVANCODE TALUK KANYAKUMARI DISTRICT, TAMILNADU. ADV. SRI.S.K.VINOD FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7407 of 2010 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : RECEIPT OF PAYMENT FOR RS.45,000/- IN ARC.No.29/2001 SUBMITTED BY THE RESPONDENT EXHIBIT P2 : ORDER IN EP.No.134/2008 IN ARC No.29/2001 DTD. 03.01.09 PASSED BY THE COURT OF ADDL MUNSIFF-I, NEYYATTINAKARA EXHIBIT P3 : ORDER IN EA No.438/2009 IN E.P.No.161/2004 IN ARC No.29/2001 PASSED BY THE COURT OF ADDL MUNSIFF-I, NEYYATTINAKARA DTD.16.07.09 EXHIBIT P4 : PETITION IN E.A.691/2009 IN E.P.No.161/2004 IN ARC No.29/2001 PASSED BY THE COURT OF ADDL MUNSIFF-I, NEYYATTINAKARA EXHIBIT P5 : ORDER DTD. 26.10.2009 IN E.A.No. 691/2009 IN E.P.No.161/2004 IN ARC No.29/2001 PASSED BY THE COURT OF ADDL MUNSIFF-I, NEYYATTINAKARA RESPONDENTS EXHIBITS: NIL True Copy P.A. To Judge THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.7407 of 2010 --------------------------------------- Dated this 16th day of September, 2010 JUDGMENT This writ petition is filed by the judgment debtor in E.P.No.161 of 2004 of the court of learned Additional Munsiff-I, Neyyattinkkara where an award in A.R.C.No.29 of 2001 is being executed against petitioner. Property of petitioner was sold in auction on 03-01-2009 and purchased by the respondent. Petitioner filed E.A.No.438 of 2009 to set aside the sale. That application was dismissed by the executing court on the ground of limitation. In the meantime, it is contended that petitioner paid the entire decree amount to the respondent and settled the case. Petitioner filed E.A.No.691 of 2001 under Order 47 of the Code of Civil Procedure to set aside the sale on the ground of nullity. That application was dismissed by the executing court as per Ext.P5 dated 26-10-2009 which is under challenge in this writ petition. 2. Parties have filed compromise petition vide I.A.No.12529 of 2010 signed by them and counsel. In the compromise petition it is stated that entire amount due to the respondent/decree holder has paid and respondent has no objection W.P.C.No.7407 of 2010 : 2 : in allowing E.A.No.691 of 2009 and setting aside the sale as nullity. Learned counsel on both sides requested that judgment may be passed in terms of compromise. 3. I heard counsel on both sides. I have perused records as well as compromise petition. I find no reason why request shall not be allowed. Resultantly this writ petition is allowed in the following lines: (i) The compromise effected between the parties is accepted and recorded and the writ petition is allowed in terms of compromise. (ii) E.A.No.691 of 2009 in E.P.No.161 of 2004 of the court of learned Additional Munsiff-I, Neyyattinkkara will stand allowed and consequently sale of schedule property held on 03-01-2009 will stand set aside as null and void. (THOMAS P JOSEPH, JUDGE) Sbna/- True Copy P.A to Judge