IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20215 of 2008(F)
1. KIZHEKKE CHALIYATHADATHIL SHAJI
... Petitioner
Vs
1. PARADA PRAMOD KUMAR
... Respondent
2. MAYAPPURATH RAMAKRISHNAN
3. MELECHALIL SANKARAN, AGED 38
For Petitioner :SRI.MANJERI SUNDERRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :04/07/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
...........................................
WP(C).No. 20215 OF 2008
............................................
DATED THIS THE 4th DAY OF JULY, 2008
JUDGMENT
For realisation of the decree debt in O.S.153 of 2001,
property of second respondent/judgment debtor was sold in
E.P.26 of 2003. Petitioner, along with third respondent, filed
E.A.319 of 2006 to set aside the sale. That was dismissed.
Petitioner filed A.S.62 of 2006 before Sub Court, Koyilandy,
challenging that order. Meanwhile, sale was confirmed on
30.1.2007. E.P.257 of 2007 is filed by first respondent, being the
auction purchaser/decree holder to take delivery of the property
covered under the sale certificate. Petitioner filed E.A.219 of
2008 to set aside the sale, contending that he is prepared to pay
the auction price or any other amount directed by the court. This
petition is filed under Article 227 of Constitution of India for a
direction to the Munsiff to receive the full decree debt in cash
from the petitioner and to set aside the sale.
2. Learned counsel appearing for petitioner was heard.
Learned counsel submitted that petitioner is prepared to pay the
entire decree debt, interest and cost and in such circumstances,
executing court may be directed to receive the entire amount
WP(C) 20215 OF 2008 2
and set aside the sale.
3. After confirmation of sale, petitioner is not entitled to
file a petition to set aside the sale, expressing willingness to pay
the entire decree debt. After confirmation of sale, sale cannot be
set aside without the consent of the auction purchaser on deposit
of the decree debt. As the case of petitioner is that he is
prepared to pay the entire decree debt and E.A.219 of 2008 is
filed before executing court, learned Munsiff is directed to pass
appropriate order in accordance with law, in E.A.219 of 2008
before directing delivery of the property.
M.SASIDHARAN NAMBIAR, JUDGE
lgk/-