IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 OP(C).No. 763 of 2010(O) ------------------------ AGAINST THE ORDER DATED 23/03/2001 IN EP.308/1999 IN OS.320/1998 of PRL.SUB COURT,IRINJALAKUDA .................... PETITIOENR/DEFENDANT ---------------------------------------- RADHAKRISHNAN, S/O.ANAKKATHIL SUKUMARAN, KODUNGALLUR TALUK, METHALA VILLAGE, KANDAMKULAM DESAM, THRISSUR DIST. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENTS: PLAINTIFFS ------------------------- 1. SREE VIDHYA PRAKASINI SABHA, KODUNGALLUR THALUK, METHALA VILLAGE, DESOM, REP.BY IT'S PRESIDENT, BHADRAN, S/O.KOZHIPARAMBIL SREEDHARAN, METHALA VILLAGE, KODUNGALLUR TALUK, PIN 680664. 2. NARAYANAN, SECRETARY, S/O. MANKATTIL KUMARAN, METHALA VILLAGE, KODUNGALLUR THALUK- 680664. 3. SUDHAKARAN, TREASURER, S/O.MULLASSERY KRISHNAN, METHALA VILLAGE, KODUNGALLUR THALUK-680 664. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.763 of 2010 --------------------------------------- Dated this 18th day of November, 2010 JUDGMENT Defendant in O.S.No.320 of 1998 of the court of learned Additional Sub Judge, Irinjalakkuda is the petitioner. He has suffered a decree for payment of money by sale of mortgaged properties and the property was sold in court auction. Vide Ext.P4, order dated 23-03-2001 sale was confirmed. Petitioner stated that in spite of that, he continues to be in possession and enjoyment of the property. Now, he is able to pay the amount due to the respondent and salvage the property. He made Exts.P5 and P6, requests before respondents on 09-02-2007 and 07-12- 2009 offering to pay the amount and requesting to re-convey the property but, without any result. Hence this petition. According to the petitioner if notice on this petition is issued and the matter is send to the Adalath there is possibility of the matter being settled. 2. Sale was confirmed on 23-03-2001. That sale was not challenged. In such a situation this petition cannot be entertained. I make it clear that disposal of this petition will not affect the right, if any of petitioner to file an application before O.P(C).No.763 of 2010 : 2 : the Kerala State Legal Services Authority concerned or the Lok Adalath as the case may be as provided under law. This petition is closed with the above observation. (THOMAS P JOSEPH, JUDGE) Sbna/-