IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25904 of 2009(O)
1. GRACY JOSEPH, W/O.JOSEPH,
... Petitioner
Vs
1. SUDEVAN, S/O.CHAMY,
... Respondent
For Petitioner :SRI.SAJAN VARGHEESE K.
For Respondent :SRI.K.MOHANAKANNAN
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :29/06/2010
O R D E R
THOMAS P. JOSEPH, J.
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W.P.(C) No.25904 of 2009
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Dated this the 29th day of June, 2010.
JUDGMENT
In execution of a decree for payment of money property belonging to the
petitioner was sold and that sale was confirmed. In the meantime,
petitioner/judgment debtor filed an application in the executing court under Order
XXI Rule 64 of the Code of Civil Procedure (for short, “the Code”) seeking
annulment of sale on the ground that the sale is void for non-compliance of the
said provision. That application was dismissed against which this Writ Petition is
filed. When this Writ Petition came up for hearing it was agreed between the
parties hereto that on payment of Rs.45,000/-to the respondent the latter would
reconvey property to the petitioner at the expense of petitioner. Accordingly, as
agreed by both sides Rs.45,000/- has been deposited in the executing court.
What remains is only grant of some time for petitioner to get the sale deed
executed by the respondent. Learned counsel for petitioner seeks two months’
time to make arrangements to get the sale deed at her expenses. Having heard
learned counsel on both sides I am inclined to grant time as prayed for.
Resultantly this Writ Petition is disposed of in the following lines:
WP(C) No.25904/2009
2
i. The sum of Rs.45,000/- (Rupees fortyfive thousand only) deposited
by the petitioner in the executing court can be withdrawn by the respondent as
consideration for reconveyance of the property to the petitioner at the expense
of latter.
ii. Petitioner is given two months’ time from this day to get the sale
deed executed by the respondent at her expense.
THOMAS P.JOSEPH,
Judge.
cks