IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WP(C).No. 367 of 2008(R) ------------------------ AGAINST THE ORDER DATED 17.7.2006 IN E.A.609/06 IN EP.612/2004 IN OS.189/2000 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER: ------------ NAFEESA, D/O. NALAKATH THARAYIL VEETTIL- HAMZA, CHAVAKKAD VILLAGE, TALUK. BY ADV. SRI.FRANCO T.J. RESPONDENTS: ------------- SURAG CHITTIES (P) LTD., IRINJALAKUDA VILLAGE, DESOM,MUKUNDAPURAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN,J. -------------------------------------------------------- W.P.(C)No.367 OF 2008 G -------------------------------------- DATED THIS THE 3RD DAY OF JANUARY, 2008 J U D G M E N T This writ petition is preferred to set aside the order dated 17.7.2006 in E.A.609/06 passed by the 2nd Additional Sub Court, Thrissur. 2. The learned counsel for the writ petitioner in fairness submits before me that the sale is over, sale certificate has been issued and the matter is posted for delivery tomorrow. A perusal of the records of the writ petition also would reveal that a Division Bench of this Court had granted an opportunity to the judgment debtor to repay the amount in instalments which he defaulted that later led to the sale of the property, confirmation of sale, etc. Admittedly, no action has been taken under Order XX1 Rule 89 or Order XXI Rule 90 C.P.C. to set aside the same in appeal. Therefore, there is no point at this juncture to interfere with the proceedings. But needless to say that if the parties have settled the matter, the parties are at liberty to effect necessary documents of reconveyance and in order to facilitate them for the W.P.(C)No. 367 OF 2008 G 2 same, they can request before the court below, which has ordered delivery, to defer the delivery by few weeks and then settle the matter out of court as agreed to between them. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE. dsn