IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 1800 of 1999(F)
1. MUHAMMED
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.K.V.JAYACHANDRAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :16/01/2007
O R D E R
M.SASIDHARAN NAMBIAR,J.
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C.R.P.NO.1800 OF 1999
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DATED THIS THE 16th DAY OF JANUARY, 2007
ORDER
Petitioners are decree holders auction purchasers. They filed
E.A.855/97 before Sub Court, Ernakulam for delivery of the property.
The sale was confirmed on 31.1.96. Petition was filed only on 28.7.97.
The period of limitation is one year and it will start to run from the date
on which the sale was confirmed. The period of limitation, therefore,
started to run from 31.1.96. Petition was filed beyond the period of
limitation. Hence learned Sub Judge rightly dismissed the application.
I do not find any illegality or irregularity in that order warranting
interference in exercise of the revisional jurisdiction of this Court.
Learned Government pleader submitted that Government
deposited the entire amount due to the decree holders in
L.A.R.73/1972, for realisation of which, the property was sold in
E.P.165.1986. Learned Counsel appearing for petitioners submitted that
the cost of stamp papers and subsequent interest were not deposited.
If that be so, the petitioners can seek an appropriate remedy available
under the law.
M.SASIDHARAN NAMBIAR,JUDGE
Acd
M.SASIDHARAN NAMBIAR,J.
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C.R.P.NO.1800 OF 1999
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ORDER
16.1.2007