IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 9682 of 2009(O) ------------------------- AGAINST THE ORDER IN EP.477/2004 IN OS.680/2003 of I ADDL.M.C.,NEYYATTINKARA .................... PETITIONER(S): --------------- SUDHAKARAN, S/O.GOVINDAN, NELLIVILA PUTHEN VEEDU, VIZHINJAM VILLAGE, KADAKULAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- DILLINAYAKAM RABERA, S/O.KURISAPPAN RABERA, SINDHU BHAVAN, KOTTAPPURAM, VIZHINJAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. ADV. SRI.THOMAS ABRAHAM FOR R1 SRI.DIPU.R FOR R1 SMT.MERCIAMMA MATHEW FOR R1 SRI.K.S.HARIDAS FOR R1 SRI.V.RENJITH KUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.9682 OF 2009 (O) ----------------------------------- Dated this the 2nd day of November, 2009 J U D G M E N T Petitioner is the 3rd judgment debtor in E.P.No.477 of 2004 in O.S.No.680 of 2003 on the file of the Ist Additional Munsiff Court, Neyyattinkara. The decree executed in the above suit was one for money. To satisfy the decree debt, a property having an extent of 14 cents belonging to the judgment debtors was brought to sale, and it was purchased in auction by the decree holder. Sale was also confirmed. Application moved by the judgment debtors impeaching the sale on the ground of fraud and material irregularity with a petition to condone delay to entertain that application was dismissed by the court. Challenge in the writ petition is against the correctness of the order passed by the execution court. 2. Respondent appeared in response to the notice given, and thereafter the parties have settled the matter pursuant to WPC.9682/09 2 mediation held at the Mediation Centre of the High Court. By virtue of the terms of the settlement arrived, the respondent/decree holder has agreed to execute a sale deed reconveying the property covered by the certificate receiving an amount of Rs.2.75 lakhs from the petitioner/3rd judgment debtor. In view of the settlement arrived at by the parties, which is recorded, nothing survives for consideration in the writ petition. Writ petition is closed. S.S.SATHEESACHANDRAN JUDGE prp