IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 6889 of 2010(O) ------------------------- AGAINST THE ORDER IN EP 7/05 IN OS.33/2003 of MUNSIFF COURT, DEVICOLAM .................... PETITIONER(S): --------------- K.I.POULOSE , KAVIKUNNEL HOUSE, KUNNACKAL PO, MOOVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE SRI.P.K.MANOJKUMAR SMT.SUSHYA RAJAN RESPONDENT(S): --------------- 1. DAS, S/O.SANTHAPPAN, RESIDING AT PAZHATHOTTAM KARA, VATTAVADA VILLAGE, DEVICOLAM TALUK, IDUKKI. 2. SMT.MURUKAMMAL, W/O.RAJAN, RESIDING AT -DO- -DO- 3. CHELLA DURAI, S/O.OF NALLATHAMPI THEVAR, RESIDING AT -DO- -DO- 4. ESAKKI, S/O.CHELLADURAI, -DO- -DO- ADV. SRI.SATHISH NINAN FOR R3 & 4 SRI.SANTHOSH MATHEW FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.6889/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE EXECUTION PETITION NO.7/2005 IN OS 33/2003 IN THE COURT OF MUNSIFF AT DEVICOLAM DATED 22.2.2005 AND THE PROCEEDINGS THEREON EXT.P2 TRUE COPY OF THE SALE PROCLAMATION DATED 9.6.2009 EXT.P3 TRUE COPY OF THE RECEIPTS DATED 14.7.2009 AND 11.8.2009 EXT.P4 TRUE COPY OF THE ORDER DATED 23.9.2009 IN EP.NO.7/2005 EXT.P5 TRUE COPY OF THE NOTICE DATED 28.10.2009 //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.6889 of 2010 -------------------------------------- Dated this the 3rd day of June, 2010. JUDGMENT Petitioner is the auction purchaser in E.P.No.7 of 2005 in O.S.No.33 of 2003 of the court of learned Munsiff, Devikulam. Petitioner being the highest bidder purchased the property in auction and deposited the entire amount on 11.08.2009 as the learned Senior Advocate states. Thereafter executing court passed Ext.P4, order stating that defendants (obviously a mistake for the decree holders) made an endorsement on the execution petition that execution petition is not pressed since decreetal amount is satisfied fully, order of attachment made in the case is lifted and directed communication of that order to the Sub Registrar concerned. Execution petition was closed. Learned Senior Advocate states that obviously learning that the said order is illegal executing court reviewed that order and posted the case on 27.10.2009 and then on 11.11.2009. Ext.P5, notice was served on the petitioner. Grievance of petitioner is that notwithstanding that entire purchase price was deposited in the executing court and there being no petition to set aside the sale at the instance of any party, the sale has not so far been confirmed. Learned counsel for respondent Nos.3 and 4 would state that he has been informed that E.A.No.40 of 2009 filed under Order 21 Rule 90 of the Code of Civil Procedure is pending consideration of the executing court. Learned Senior Advocate for petitioner was not able to confirm whether any such petition is pending. WP(C) No.6889/2010 2 2. In the facts and circumstances of the case I direct the executing court to expedite the proceedings in execution if any pending in that court and pass appropriate orders thereon. In case no petition for setting aside the sale is pending and in the absence of any other impediment executing court shall pass appropriate orders confirming the sale. In case application to set aside the sale is pending, question of confirmation of sale will depend on the result of that application. With the above direction the Writ Petition is closed. THOMAS P.JOSEPH, Judge. cks