IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 36142 of 2008(C) -------------------------- AGAINST THE ORDER IN EP 1577/03 IN OP.1118/1999 of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER(S): --------------- RAMESH, AGED 42 YEARS, S/O. RAMANKUTTY, VATHIYEDATH HOUSE, PUTHUR VILLAGE - DESOM, THRISSUR TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): --------------- 1. RAGHUNATHAN, S/O. KULATH VELAYUDHAN NAIR, THRISSUR VILLAGE, PATTURAICKAL THIRUVAMBADY DESOM, THRISSUR. 2. KARATHYAYANI,W/O. PARAMESWARAN, KACHAPPILLY, PUTHUR VILLAGE, THRISSUR TALUK. ADV. SRI.BABU CHERUKARA FOR R1 SRI.BABY P. ANTONY FOR R1 SRI.P.K.SAJEEV FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 36142/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF EP NO.1577/03 EXT.P2: COPY OF STATEMENT ISSUED BY THE DECREE HOLDER DATED 14.12.2005. EXT.P3: COPY OF EA 101/06 IN EP 1577/03 EXT.P4: COPY OF EA 1390/06 EXT.P5: COPY OF EA 186/08 IN EP 1577/03 EXT.P6: COPY OF THE EA 2341/06 IN EP 1577/03 AND THE ORDER DATED 13.9.2007. EXT.P7: COPY OF THE E.A.NO.2909/07 IN EP 1577/03 EXT.P8: COPY OF THE COUNTER IN EA 2909/07 EXT.P9: COPY OF THE REPORT OF THE AMIN DATED 17.3.2008 EXT.P10: COPY OF THE ORDER DATED 17.3.2008 PASSED IN EA 2909/07 IN EP 1577/03. EXT.P11: COPY OF COUNTER IN EA 186/06 DATED 28.3.2007 EXT.P12: COPY OF COUNTER DATED 30.6.2008 IN EA 186/07 IN EP 1577/03 IN OP 1118/99. EXT.P13: COPY OF THE COUNTER IN EA 2341/06 FILED BY AUCTION PURCHASER/1ST RESPONDENT HEREIN. EXT.P14: COPY OF THE ORDER OF THE PRINCIPAL MUNSIFF, THRISSUR IN EA 2341/06 IN EP 1577/03 IN OP 1118/99. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. ----------------------------------- W.P.(C).No.36142 of 2008 ----------------------------------- Dated this the 3rd day of April, 2009 JUDGMENT The Writ Petitioner is the sixth judgment debtor in E.P.No.1577 of 2003 in O.P.No.1118 of 1999, on the file of the court of the Principal Munsiff of Thrissur. An item of immovable property was sold in execution. Even before the date of sale, the decree amount was paid to the decree holder. The sale was held without noticing the same. Though an application to set aside the sale was filed, that application was dismissed for default and the sale was confirmed. The petitioner filed E.A.No.2341 of 2006 for setting aside the confirmation of sale. By the order dated 13.9.2007, the sale was set aside. The auction purchaser filed a Review Petition to review the order dated 13.9.2007. That application was allowed, the order in E.A.No.2341 of 2006 was reviewed and on the merits, the prayer to set aside the confirmation of sale was dismissed. That order is under challenge in this Writ Petition. 2. The parties have settled the disputes and they have WPC No.36142/2008 2 filed a comprise petition as I.A.No.4846 of 2009. It is agreed between the parties that all the disputes have been settled and that the auction purchaser has no objection in setting aside the sale. It is also agreed that the purchase price of Rs.30,100/- deposited before the executing court shall be refunded to the auction purchaser. The compromise petition is recorded and the Writ Petition is allowed in terms of the compromise. Accordingly, the auction sale conducted on 15.12.2005 in E.P.No.1577 of 2003 in O.P.No.1118 of 1999 on the file of the Principal Munsiff’s Court, Thrissur, is set aside. Consequently, the confirmation of sale made on 15.9.2006 is also set aside. The sale certificate issued in favour of the auction purchaser shall stand cancelled. The purchase price of Rs.30,100/- deposited by the auction purchaser shall be released to the auction purchaser. The Writ Petition is allowed as above. K.T.SANKARAN, JUDGE csl