IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 2007 of 2008(L) ------------------------- AGAINST THE ORDER DATED 03/01/2008 IN EP 66 OF 2004 IN OS.33/2002 of SUB COURT,THODUPUZHA .................... PETITIONER: ------------ K.B.DEVARAJAN, S/O.BHASKARAN, KADAMBUKANDATHI HOUSE, D.V.SALA, POTTANKADU P.O., DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADV. SRI.RAJU JOSEPH RESPONDENTS: ------------- 1. THE FEDERAL BANK LTD., REP. BY ITS BRANCH MANAGER, KUNCHITHANNI BRANCH, IDUKKI DISTRICT. 2. ROBERT CHACKO, KALAPPURAKUNNEL, EAST KALOOR P.O., THODUPUZHA. 3. THE SUB COURT, THODUPUZHA. BY ADV. SRI.A.ANTONY SMT.LEELAMMA ANTONY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO 2007/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE JUDGMENT IN WPC NO.28187/06 DT. 21.11.06 EXT.P2. COPY OF THE JUDGMENT IN WPC NO 26376/07 DT. 5.9.07 EXT.P3. COPY OF THE ORDER IN EA 188/07 TOGETHER WITH THE PETITIONER AND THE AFFIDAVIT DT. 27.10.07 EXT.P4. COPY OF THE ORDER OF CONFIRMATION DT. 3.1.08 /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 2007 OF 2008 --------------------- Dated this the 23rd day of January, 2008 JUDGMENT This writ petition is filed for setting aside the sale of a building in Survey No.19/1 of Kunchithanni Village, as part of the execution proceedings in EP 66/04 in OS 33/02, on the file of the Sub court, Thodupuzha. 2. The judgment debtor, decree holder and the auction purchaser were heard. Auction was conducted on 27.10.07 and the auction purchaser bid the property in auction for a sum of Rs.6,60,000/-. The entire bid amount has been deposited before the court and it is lying in court deposit. 3. The writ petitioner, who is the judgment debtor, has come forward with this writ petition to set aside the sale on the ground of illegality, irregularity etc. Learned counsel for the auction purchaser would submit in fairness that if the amount deposited by him with 5% discount and also the interest and litigation expenses is received, he has no objection in setting aside the sale. This appears to be very fair suggestion, which can be accepted. Therefore on a calculation, I find that the auction purchaser is entitled to have a sum of Rs. 7,11,000/-. Learned counsel for the writ petitioner would submit that he will deposit Rs.6,60,000/- within a period of WPC NO 2007/08 2 10 days from today and the balance Rs.51,000/- within another two weeks after expiry of the 10th day on which Rs.6,60,000/- is deposited. On deposit of the amount, the sale can be set aside and the auction purchaser be permitted to withdraw the amount. So far as the amount relating to the decree holder is concerned, Rs.6,60,000/- is already in court deposit and there is some dispute regarding the correctness of the amount due to the decree holder. That may be decided after hearing the judgment debtor as well as the decree holder. Thereafter the decree holder also may be permitted to withdraw the amount due to him. If there is any deficit, the judgment debtor has to pay the balance amount and if there is excess, it can be withdrawn by the judgment debtor. With these observations, the writ petition is disposed of. Needless to say that if the amount is not deposited, further proceedings, which has to be followed after the confirmation of sale, be done by the court. M.N.KRISHNAN, JUDGE vps WPC NO 2007/08 3