IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P. JOSEPH THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 27231 of 2010(O) ------------------------------------- EA.NO. 802/2006 IN EP. 244/2003 IN OS.1138/1999 OF MUNSIFF COURT, NEYYATTINKARA .............................................................................................. PETITIONERS : ------------------- 1. RAJENDRAN NAIR, S/O.SUKUMARAN NAIR, VIJAYA NIVAS, KONDODE, MARUKIL DESOM, MALAYINKEEZHU VILLAGE, TRIVANDRUM. 2. SREEKALA, D/O.VIJAYAMMA, VIJAYA NIVAS, KONDOD, MARUKIL DESOM, MALAYINKEEZHU VILLAGE, TRIVANDRUM. BY ADV. SRI. VINOD J. DEV RESPONDENT : -------------------- INDIRA KUMARI, D/O.SUBHADRA AMMA, BIJU SADANAM, KURUVIMUKAL, MACHEEL, MARUKIL DESOM, MALAYINKEEZHU VILLAGE, TRIVANDRUM-695571. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn THOMAS P JOSEPH,J. --------------------------------------- W.P(C).NO. 27231 OF 2010 ------------------------------------------ Dated this the 2nd day of September, 2010. JUDGMENT Petitioners are judgment debtors in E.P.No.244/2003 in O.S.No.1138/1999 of the court of learned Munsiff, Neyyattinkara. 6.7 Ares belonging to the petitioners was auctioned on 13-10-2006 and purchased by respondent/decree holders in satisfaction of the decree. Petitioners filed E.A.No.802/2006 to set aside the sale under Order 21 Rule 90 of the Code of Civil Procedure (for short, “the Code”). That application has not so far been disposed of. In the meantime petitioners deposited the decree amount and other sums payable as per Order 21 Rule 89 of the Code and filed E.A.No.533/2008 but that application was dismissed as time barred. Grievance of petitioners is that when E.A.No.802/2006 was pending executing court delivered the property to the respondent on 15.1.2010. Petitioners seek an early disposal of E.A.No.802/2006. Having regard to the facts and circumstances of this case, I direct the learned Munsiff to dispose of E.A.No.802/2006 as early as possible if pre-enquiry steps are over. The writ petition is disposed as above. THOMAS P JOSEPH,JUDGE. pm