IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 CRP.No. 1126 of 2002(G) ----------------------- E.P.30/1999 IN LAR.60/1985 of SUB COURT,THODUPUZHA .................... REVN. PETITIONER/JUDGMENT DEBTOR: -------------------------------------------- STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, IDUKKI. BY GOVERNMENT PLEADER MR. BENNY VARGHESE RESPONDENT(S): RESPONDENTS/DECREE HOLDERS: ----------------------------------------- 1. SANKARA NARAYANA PILLAI, PERUMPILLIL HOUSE, SANKARAPPILLY, ALAKODE VILLAGE. 2. P.M. SANKARA PILLAI, PERUMPILLIL, THODUPUZHA. 3. P.M. NARAYANA PILLAI, KAVITHA CLINIC, THODUPUZHA. 4. P.N. CHANDRASEKHARA PILLAI, PERUMPILLIL HOUSE, THODUPUZHA. 5. P.M. SUKUMARA PILLAI, PERUMPILLIL HOUSE, THODUPUZHA. 6. P.N. PADMAVATHY, KONNOTIL HOUSE, OTTALLOOR, KARIMKUNNAM, THODUPUZHA. 7. VIJAYAMMA S. PILLAI, EZHUTHUKALARICKAL HOUSE, NADUKANDAM, KOLANI (DIED). 8. SREEDEVI SADASIVAN, PERUMPILLIL HOUSE, THODUPUZHA. ADV. MR. V.G.ARUN FOR R2 TO 5 MR. T.R.HARIKUMAR FOR R2 TO 5 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRP 1126/2002 ORDER ON C.M.P. 2895 OF 2008 IN C.R.P. 1126 OF 2002 DISMISSED. SD/- M. SASIDHARAN NAMBIAR, JUDGE 20.3.2009 OKB - TRUE COPY - P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- C.R.P. No.1126 OF 2002 -------------------------------------------------- Dated this the 20th day of March, 2009 O R D E R The State has filed this petition under section 115 of Code of Civil Procedure challenging the order for sale of the jeep in execution of the award in L.A.R.60 of 1985 in E.P.30 of 1999. The decree holders filed E.P.30 of 1999 for realisation of the amount due under the award granting enhanced compensation. When the amount was not paid, the decree holders sought sale of the jeep which was attached. Recording that no objection to sale papers which were field by the State was filed, the jeep was proclaimed for sale on 3.4.2002. It is challenged in the appeal. 2. Learned counsel appearing for respondents/decree holders submitted that pursuant to that order the jeep was sold in court auction sale and the sale was confirmed on 14.3.2002 before the filing of the revision petition. Learned counsel appearing for the decree holders submitted that as per the order of this Court the jeep was subsequently released to the State and the decree holders have no objection to set aside the sale of the C.R.P.1126/2002 2 jeep as they have already proceeded against the immovable property. Therefore recording the submission, the sale of the jeep conducted in E.P.30 of 1999 is set aside. Criminal Revision Petition is disposed accordingly. M. SASIDHARAN NAMBIAR, JUDGE okb