IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 FAO.No. 51 of 2003() -------------------- AGAINST THE ORDER DATED 18/01/2003 IN EA.1159/02 IN EP.20/01 IN OS.495/1999 of II ADDL.SUB COURT,THRISSUR APPELLANTS/PETITIONERS/JUDGT.DEBTORS/DEFENDANTS: -------------------------------------------------------------------- 1. RAJU, S/O. THERATTIL KURIAN YOHANNAN, ARANATTUKARA VILLAGE AND DESOM, THRISSUR TALUK. 2. JIMMY JOHN, BROTHER OF 1ST PETITIONER RAJU, ARANATTUKARA VILLAGE AND DESOM, THRISSUR TALUK. 3. THANKAMMA, MOTHER OF 1ST & 2ND PETITIONERS, ARANATTUKARA VILLAGE AND DESOM, THRISSUR TALUK. 4. ROY MATHEW, S/O.THERATTIL KURIAN MATHEW, ARANATTUKARA VILLAGE AND DESOM, THRISSUR TALUK. BY ADV. SRI.K.S.BABU SMT.N.SUDHA RESPONDENT: RESPONDENT/DECREE HOLDER/PLAINTIFF: -------------------------------------------------- SAKTHAN KURIES & LOANS (P) LTD., THRISSUR. ADV. SRI.G.SREEKUMAR (CHELUR) THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: F.A.O. 51/2003 ORDER ON I.A. NO. 724/2003 IN F.A.O. 51/2003 // DISMISSED // 1.6.2009. SD/- P.R. RAMAN, JUDGE.\ SD/- P. BHAVADASAN, JUDGE. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = F.A.O. NO. 51 OF 2003 = = = = = = = = = = = = = DATED THIS, THE 1ST DAY OF JUNE, 2009. J U D G M E N T Raman, J. This appeal arises out of an order passed in the execution stage in E.A.1159/2002 in E.P.20/2001 in O.S. 495/1999 on the file of the IInd Additional Sub Court, Thrissur. E.A. 1159/2002 was filed by the appellants under Order 21 Rule 90 of the Code of Civil Procedure alleging material irregularity and fraud in the auction conducted. Finding that there is no merit, the application was dismissed against which this appeal is filed. 2. During the pendency of the proceedings, the decree has been satisfied and the property which was sold in auction has been re-assigned in favour of the appellants. If so, there is no lis pending between the parties. The sale, by virtue of the conduct of the parties satisfying the decree, has become ineffective and inoperative. Accordingly, the same is set aside. The appeal is disposed of as above P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/- :2: P.R. RAMAN & P. BHAVADASAN, JJ. F.A.O. 51 OF 2003 ============== J U D G M E N T 1ST JUNE, 2009.