IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH JANUARY 2007 / 26TH PAUSHA 1928 CRP.No. 1800 of 1999(F) ----------------------- AGAINST THE ORDER DATED 25/01/1999 IN EA 855/97 IN EP 165/86 IN LAR.73/1972 of I ADDL.SUB COURT,ERNAKULAM .................... PETITIONERS:PETITIONERS:DECREE HOLDERSREVN. PETITIONER: ------------------------------------------------------------------------------------------------- 1. MUHAMMED, S/O. KADAR, VALAMKOTTIL HOUSE, KAKKANAD. 2. HASSAN, S/O. KADAR, VALAMKOTTIL HOUSE, KAKKANAD. BY ADV. SRI.K.V.JAYACHANDRAN RESPONDENT: RESPONDENT:JUDGMENT DEBTOR ------------------------------------------------------------------------- KERALA STATE REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM. BY GOVERNMENT PLEADER SRI. V.T.K. MOHANAN THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/01/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. -------------------------- C.R.P.NO.1800 OF 1999 ------------------------- DATED THIS THE 16th DAY OF JANUARY, 2007 ORDER Petitioners are decree holders auction purchasers. They filed E.A.855/97 before Sub Court, Ernakulam for delivery of the property. The sale was confirmed on 31.1.96. Petition was filed only on 28.7.97. The period of limitation is one year and it will start to run from the date on which the sale was confirmed. The period of limitation, therefore, started to run from 31.1.96. Petition was filed beyond the period of limitation. Hence learned Sub Judge rightly dismissed the application. I do not find any illegality or irregularity in that order warranting interference in exercise of the revisional jurisdiction of this Court. Learned Government pleader submitted that Government deposited the entire amount due to the decree holders in L.A.R.73/1972, for realisation of which, the property was sold in E.P.165.1986. Learned Counsel appearing for petitioners submitted that the cost of stamp papers and subsequent interest were not deposited. If that be so, the petitioners can seek an appropriate remedy available under the law. M.SASIDHARAN NAMBIAR,JUDGE Acd M.SASIDHARAN NAMBIAR,J. -------------------------- C.R.P.NO.1800 OF 1999 ------------------------- ORDER 16.1.2007