IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 CRP.No. 900 of 2007(F) ---------------------- AGAINST THE ORDER DATED 30/11/2006 IN EP. 58 /2001 IN LAR.2/1999 of SUB COURT,THODUPUZHA .................... REVN. PETITIONER: JUDGMENT DEBTOR -------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, IDUKKI. BY GOVERNMENT PLEADER RESPONDENTS: DECREE HOLDER ----------------- LUCKO AUGUSTHY, KUMBILUMOOTTIL HOUSE, KARIMANNOOR. BY ADV. SRI.C.K.VIDYASAGAR FOR R1 SRI.T.I.ABDUL SALAM FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.2545 OF 2007 IN CRP.NO.900 OF 2007 DISMISSED 17.7.2008 Sd/= (M.SASIDHARAN NAMBIAR, JUDGE.) //TRUE COPY// P.A. To Judge. M.SASIDHARAN NAMBIAR, J. ------------------------------- C.R.P.No.900 of 2007 ------------------------------- Dated this the 17th July, 2008. O R D E R This revision is filed challenging the order of the Executing Court confirming the sale. The sale was confirmed on 30.11.2006. Executing court reported that no further steps was taken thereafter. 2. The learned counsel appearing for the decree holder respondent submitted that respondent will not oppose the prayer for setting aside the sale, if the State is prepared to deposit the entire amount due, as provided under Rule 89 of Order XXI of Code of Civil Procedure before the executing court, including interest till date within a specified time. 3. The learned Government Pleader submitted that revision petition may be disposed, directing the executing court to set aside the sale on the application to be filed by the State. CRP.No.900 of 2007 2 The revision is disposed as follows. If State deposits the entire amount due to the decree holder inclusive of the interest up to that date, as provided under Rule 89 of Order XXI of Code of Civil Procedure, and files an application to set aside the sale, Execution Court to set aside the sale and pass appropriate orders allowing decree holder to withdraw the amount. The application shall be filed within sixty days from today. M.SASIDHARAN NAMBIAR, JUDGE nj.