IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 9863 of 2010(O) ------------------------- AGAINST THE ORDER IN EP.388/2007 IN OS.857/1999 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): --------------- SANGEETH DAVIS, S/O.DAVIS, CHITTILAPPILLY KUNNATH, PARAPUR AMSOM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENT(S): --------------- SHAMSUDEEN, S/O.ABOOBACKER, KARUPPAMVEETTIL, ORUMANAYUR AMSOM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. ADV. SRI.T.M.CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.9863/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE EP NO.388/2007 IN THE SUBORDINATE JUDGES COURT, THRISSUR EXT.P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE FATHER OF THE PETITIONER IN EXT.P1 EXT.P3 TRUE COPY OF THE EA NO.1634/2009 IN EP 388/2007 IN OS 857/1999 IN THE COURT OF II ADDL. SUB JUDGE, THRISSUR EXT.P4 TRUE COPY OF THE SUMMONS RECEIVED FROM THE COURT. //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.9863 of 2010 -------------------------------------- Dated this the 13th day of August, 2010. JUDGMENT Petitioner is the son of judgment debtor in E.P.No.388 of 2007 in O.S.No.857 of 1999 of the court of learned Additional Sub Judge –II, Thrissur. In execution of the decree for money property of judgment debtor was sold in auction and purchased by the respondent/decree holder. Sale certificate was also issued to the respondent. Judgment debtor and the respondent are working abroad. Since judgment debtor is not available in station his son has preferred this Writ Petition requesting to issue certified copies of the documents applied for in the executing court and in the meantime to direct the learned Sub Judge not to proceed with delivery of the property. 2. Now parties have settled the dispute outside court. Respondent has filed a statement to the effect that he has no objection in the sale certificate issued in the case being set aside but makes a request to return value of the stamp paper used for issuing sale certificate to him. He has no objection in E.A.No.1634 of 2009 (preferred by the respondent for delivery of property) being dismissed as not pressed. 3. I have heard counsel on both sides. Statement filed by the respondent is recorded. Resultantly this Writ Petition is disposed of in the following lines: i. Certificate of sale issued to the respondent herein in E.P.No.388 of WP(C) No.9863/2010 2 2007 in O.S.No.857 of 1999 of the court of learned Additional Sub Judge-II, Thrissur is set aside. ii. It is made clear that if as per the law in force respondent is entitled to get back value of stamp paper on which certificate of sale was issued and which is hereby cancelled, executing court shall return the value of stamp paper to the respondent/decree holder. iii. E.A.No.1634 of 2009 in E.P.No.388 of 2007 will stand dismissed as not pressed. iv. The amount if any deposited by petitioner in executing court pursuant to the interim order passed by this Court on 23.03.2010 shall be returned to the petitioner as both sides agree before me. THOMAS P.JOSEPH, Judge. cks