IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 OP(C).No. 469 of 2011(O) ------------------------ ( EP 206/2007 IN OS.137/2005 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER: ---------------------- REVI, AGED 46 YEARS, S/O.PERUVALLUR KUNJUNNY, CHAVAKKAD DESOM, ANNAKARA VILLAGE, CHAVAKKAD TALUK. BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH SRI.SEBIN THOMAS RESPONDENTS: ---------------------- 1. MUKATTUKARA CATHOLIC COMPANY LIMITED, NETTISSERY VILLAGE, THRISSUR TALUK-680 508. 2. I.C.SHEELA, D/O.PERUVALLUR KUNHUNNI, CHAVAKKAD DESOM, ANNAKARA VILLAGE, THRISSUR TALUK . 680508. 3. V.V.SHAJI, W/O.LATE K.S.ANIL KUMAR, KANNOLY HOUSE, P.O.OLLUKKARA, THRISSUR DISTRICT-680 655. 4. MINOR SARANJITH, REP.BY MOTHER V.V.SHAJI KANNOLY HOUSE, P.O.OLLUKKARA, THRISSUR DISTRICT. 5. MINOR ARYA, REP.BY MOTHER V.V.SHAJI, KANNOLY HOUSE, P.O.OLLUKKARA, THRISSUR DISTRICT. 680 655. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK K.T.SANKARAN, J. ------------------------------ O.P(C).No.469 OF 2011 ------------------------------ Dated this the 3rd day of February, 2011 JUDGMENT The petitioner, judgment debtor No.3 in EP No.206 of 2007 in OS No.137 of 2005 on the file of the Court of the Additional Subordinate Judge, Thrissur, challenges the common order dated 16th February, 2010 in E.A.Nos.1532 of 2009 and 1533 of 2009 in the Execution Petition. 2. E.A.No.1532 of 2009 was filed by the petitioner under Section 47 of the Code of Civil Procedure contending that the decree is not executable. It was contended that the first defendant died on 28.11.2005 and his legal representatives were not impleaded in the suit. The decree was passed on 21.2.2007. The decree which was passed without impleading the legal representatives of the deceased first defendant is a nullity, according to the petitioner. The decree holder stated that no reliefs are sought for against the legal representatives of the first defendant. The court below rejected the contention put O.P(C).No.469 OF 2011 2 forward by the petitioner and dismissed E.A.No.1532 of 2009. The order is revisable under Section 115 of the Code of Civil Procedure. 3. E.A.No.1533 of 2009 was filed by the petitioner under Rule 90 of Order 21 of the Code of Civil Procedure to set aside the sale. That application was dismissed by the court below. The order in an application under Rule 90 comes under Rule 92 of Order 21. That order is appealable under Order 43 Rule 1(j) of the Code of Civil Procedure. For the aforesaid reasons, the Original Petition is not maintainable. Without prejudice to the right of the petitioner to file a revision against the order in E.A.No.1532 of 2009 and to file an appeal against the order in E.A.No.1533 of 2009, the Original Petition is dismissed. K.T.SANKARAN, JUDGE. cms