IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 33687 of 2009(O) -------------------------- OS.863/2000 of PRL.SUB COURT,THRISSUR .................... PETITIONER: --------------- O.L.TOMY, S/O.LONA, OLLUKARAN HOUSE, EDAKUNNI VILLAGE, DESOM, THRISSUR DISTRICT. BY ADV. MR.V.BINOY RAM RESPONDENT: --------------- ST.RAPHAEL CHITTIES AND LOANS (P) LTD., EDAKKUNNI VILLAGE, DESOM, THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.33687 of 2009 - O --------------------------------- Dated this the 3rd day of December, 2009 J U D G M E N T Petitioner is the first judgment debtor in O.S.No.863 of 2000 on the file of the Sub Court, Thrissur. In the execution proceedings of the decree an immovable property belonging to the petitioner is now proceeded for sale. The decree executed was passed exparte. Petitioner had preferred an application for setting aside the exparte decree which was allowed by the court below on terms. On the challenge raised by the decree holder against the order setting aside the exparte decree this Court has stayed the operation of that order and the execution on the basis of the exparte decree is being proceeded with the property now brought to sale, is the case canvassed for staying the execution proceedings invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. I heard the counsel for the petitioner. 3. Writ petition filed by the decree holder challenging the order passed by the court below setting aside the exparte order W.P.(C).No.33687 of 2009 - O 2 has been disposed setting aside the order and remitting the case for fresh consideration in accordance with law. The order on the basis of which the relief is canvassed in the writ petition no longer survives and further on the facts and circumstances presented also, I find that the petitioner is not entitled to the reliefs canvassed invoking the supervisory jurisdiction vested with this Court. Writ petition is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-