IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No.35597 of 2008 (K) -------------------------- AGAINST THE ORDER IN EP.52/2004 IN OS.141/2003 of PRL.M.C., KOTTAYAM .................... PETITIONER: --------------- A.R.VISWANATHAN, VENGASSERIL HOUSE, VIJAYAPURAM VILLAGE KANAYANNUR TALUK. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENT: --------------- P.K.SOMARAJAN, PUTHENPARAMBIL HOUSE, MUPPAIKADU MOOLAMATTOM P.O,KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.35597 of 2008 ------------------------------------------------ Dated this the 3rd day of December, 2008 JUDGMENT Counsel for the defendant/judgment debtor who is the petitioner before me submits that in execution of the ex parte money decree obtained by the respondent/plaintiff, he purchased the scheduled property in court auction and pursuant to Ext.P5 application the petitioner was evicted from his house on 30/10/08 as evidenced by Exts.P6 and P7, but that he has reoccupied the building subsequently. It is further submitted that the petitioner is entitled for exemption of his house and land appurtenant thereto from sale in execution of the decree. That is not a contention that can be entertained now as it is submitted that sale of the property had already taken place in execution of the decree and that after obtaining sale sannath the W. P. C. No.35597 of 2008 -2- petitioner was already evicted from the house on 30/10/08. If at all he has reoccupied the building forcibly, after eviction his remedy lies elsewhere and he is not entitled to any relief in this Writ Petition. This Writ Petition is not maintainable and is dismissed. K.P.BALACHANDRAN, JUDGE kns/-