IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33687 of 2009(O)
1. O.L.TOMY, S/O.LONA,
... Petitioner
Vs
1. ST.RAPHAEL CHITTIES AND LOANS (P) LTD.,
... Respondent
For Petitioner :SRI.V.BINOY RAM
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :03/12/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).No.33687 of 2009 - O
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Dated this the 3rd day of December, 2009
J U D G M E N T
Petitioner is the first judgment debtor in O.S.No.863 of
2000 on the file of the Sub Court, Thrissur. In the execution
proceedings of the decree an immovable property belonging to
the petitioner is now proceeded for sale. The decree executed
was passed exparte. Petitioner had preferred an application for
setting aside the exparte decree which was allowed by the court
below on terms. On the challenge raised by the decree holder
against the order setting aside the exparte decree this Court has
stayed the operation of that order and the execution on the basis
of the exparte decree is being proceeded with the property now
brought to sale, is the case canvassed for staying the execution
proceedings invoking the supervisory jurisdiction vested with this
Court under Article 227 of the Constitution of India.
2. I heard the counsel for the petitioner.
3. Writ petition filed by the decree holder challenging the
order passed by the court below setting aside the exparte order
W.P.(C).No.33687 of 2009 – O
2
has been disposed setting aside the order and remitting the case
for fresh consideration in accordance with law. The order on the
basis of which the relief is canvassed in the writ petition no
longer survives and further on the facts and circumstances
presented also, I find that the petitioner is not entitled to the
reliefs canvassed invoking the supervisory jurisdiction vested with
this Court.
Writ petition is dismissed.
S.S.SATHEESACHANDRAN,
JUDGE.
bkn/-