IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 OP(C).No. 3568 of 2011(O) ------------------------- AGAINST THE ORDER IN EP.101/2007 IN OS.575/2004 of MUNSIFF COURT, VADAKKANCHERRY .................... PETITIONERS ------------------------------- 1. VASUDEVAN, S/O.VESU, THELAKKATT KUNNU, THIRUVILLAMALA, THRISSUR DISTRICT. 2. VESU, D/O.CHAMI, THELAKKATT KUNNU, THIRUVILLAMALA, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL SMT.T.RESMI DAMODARAN RESPONDENTS: --------------- 1. LORD KRISHNA BANK LTD., THIRUVILWAMALA, REP.BY BRANCH MANAGER, THRISSUR DISTRICT.680 588. 2. HOUSING DEVELOPMENT FINANCE CORPORATION BANK, THIRUVILWAMALA, REP.BY BRANCH MANAGER, THRISSUR DISTRICT.680 588. 3. SAJAYKUMAR, S/O.SARADA, KURIYAKATTIL, EDAKULAM,POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.680 588. ADV. SRI.T.RAJESH, SC, HDFC BANK LTD. FOR R2 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 3568 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1- TRUE COPY OF THE EXECUTION PETITION DATED 30.03.2007 IN E.P.NO.101/2007 IN O.S.NO.575/2004 ON THE FILE OF THE COURT OF MUNSIFF, WADAKANCHERY. EXHIBIT P2- TRUE COPY OF THE APPLICATION DATED 23.06.2010 FILED BY THE 3RD RESPONDENT IN E.P.NO.101/2007 IN O.S.NO.575/2004 ON THE FILE OF THE COURT OF MUNSIFF, WADAKANCHERY. RESPONDENTS' EXHIBITS : NIL /True Copy/ P.A to Judge THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3568 of 2011 --------------------------------------- Dated this 11th day of November, 2011 JUDGMENT Judgment debtors in E.P.No.101 of 2007 in O.S.No.575 of 2004 of the Court of learned Munsiff, Wadakkancherry are the petitioners. Petitioners challenged sale of property of the second petitioner in court auction. The property was purchased by the third respondent. 2. When this matter came up for hearing learned counsel sought permission to withdraw this original petition without prejudice to their right to challenge the sale before the appropriate forum. 3. Having heard learned counsel I am inclined to grant permission. Resultantly this original petition is dismissed as withdrawn without prejudice to the right if any of petitioners to challenge the sale conducted by the executing court before the appropriate forum as provided under law. (THOMAS P. JOSEPH, JUDGE) Sbna/-