IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 900 of 2007(F)
1. STATE OF KERALA, REP. BY THE
... Petitioner
Vs
1. LUCKO AUGUSTHY,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.C.K.VIDYASAGAR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :17/07/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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C.R.P.No.900 of 2007
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Dated this the 17th July, 2008.
O R D E R
This revision is filed challenging the order of the
Executing Court confirming the sale. The sale was confirmed on
30.11.2006. Executing court reported that no further steps was taken
thereafter.
2. The learned counsel appearing for the decree holder
respondent submitted that respondent will not oppose the prayer for
setting aside the sale, if the State is prepared to deposit the entire
amount due, as provided under Rule 89 of Order XXI of Code of Civil
Procedure before the executing court, including interest till date within
a specified time.
3. The learned Government Pleader submitted that
revision petition may be disposed, directing the executing court to set
aside the sale on the application to be filed by the State.
CRP.No.900 of 2007
2
The revision is disposed as follows. If State deposits
the entire amount due to the decree holder inclusive of the interest up
to that date, as provided under Rule 89 of Order XXI of Code of Civil
Procedure, and files an application to set aside the sale, Execution
Court to set aside the sale and pass appropriate orders allowing decree
holder to withdraw the amount. The application shall be filed within
sixty days from today.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.