P.A. Ashraff vs Manoharan on 31 May, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32571 of 2005(C)


1. P.A. ASHRAFF, AGED 49 YEARS,
                      ...  Petitioner

                        Vs



1. MANOHARAN, S/O. KUMARAN,
                       ...       Respondent

                For Petitioner  :SRI.T.M.ABDUL LATHEEF

                For Respondent  :SRI.K.G.BALASUBRAMANIAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :31/05/2007

 O R D E R
                            PIUS C. KURIAKOSE, J.

                              -------------------------------

                          W.P.(C) No. 32571 OF 2005

                            -----------------------------------

                     Dated this the 31st  day of May, 2007


                                     JUDGMENT

Mr.K.G.Balasubramanyan, counsel for the respondent submits

that on the date Ext.P4 was passed, the main application submitted by

the petitioner to set aside sale under Order XXI Rule 90 was also

dismissed. The order dismissing the main application has obtained

finality. I find merit in the above submission.

I do not find any warrant for invoking the visitorial jurisdiction of

this Court under Article 227 of the Constitution for setting aside Ext.P4.

However, in order to enable the petitioner to sort out the issue with the

respondent-decree holder, the order of stay presently passed will

continue for a period of three more months from today.

                                              PIUS C. KURIAKOSE, JUDGE

btt


WPC    2