IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 CRP.No. 594 of 2010() --------------------- ARC.393/2005 of MUNSIFF COURT,CHAVAKKAD .................... PETITIONER: -------------------- CHAVAKKAD TALUK RURAL HOUSING CO-OPERATIVE SOCIETY NO.R.344, P.O.PAVARATTY, REPRESENTED BY ITS SECRETARY SRI.O.J.JUSTIN. BY ADV. SRI.N.J.JOHNSON RESPONDENTS. --------------------------- 1. SMT.CHERUNEELI, D/O. AYYAPPAN, W/O. UNNI THICHIPARAMBIL, PERUVALLUR DESOM, ANNAKARA AMSOM, CHAVAKKAD TALUK. 2. UNNI THICHIPARAMBIL, S/O. DEVAN, PERUVALLUR DESOM, ANNAKAA AMSOM, CHAVAKKAD TALUK. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- C.R.P.No.594 of 2010 --------------------------------------- Dated this 23rd day of November, 2010 ORDER Decree holder in E.P.No.777 of 2009 of the court of learned Munsiff, Chavakkad executing the award in A.R.C.No.393 of 2005 is the petitioner before me challenging the order dated 05-10- 2010 by which executing court dismissed the execution petition for the reason that there was no bidder for the property proposed to be sold and petitioner/decree holder had no sought permission to bid in the auction. Learned counsel contended that dismissal of execution petition for the said reason is not proper. 2. May be, executing court could have posted the execution petition for further steps, rather than dismissing the petition. I am not very much impressed by the impugned order. If there was no bidder and petitioner had not sought permission to take part in the bid, the court could have posted the case to another date. But, it is not as if a fresh execution petition is barred. Learned counsel also submitted that there is legal bar on petitioner filing fresh execution petition. In that view of the C.R.P.No.594 of 2010 : 2 : matter I do not intend to interfere with the order since the order cannot be said to be illegal. Hence without prejudice to the right if any of petitioner to file fresh execution petition this petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-