High Court Kerala High Court

M.P. Lathika @ Latha Aged 41 Years vs Kunjamma Cheriyan on 24 March, 2008

Kerala High Court
M.P. Lathika @ Latha Aged 41 Years vs Kunjamma Cheriyan on 24 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 1235 of 2003()


1. M.P. LATHIKA @ LATHA AGED 41 YEARS,
                      ...  Petitioner

                        Vs



1. KUNJAMMA CHERIYAN, W/O. CHERIYAN,
                       ...       Respondent

2. P.K. DASAN, S/O. KUTTY, PARAKKATTU HOUSE

3. P.K. KUTTY, PARAKATTU HOUSE,

                For Petitioner  :SRI.P.K.SUBRAMANIAN

                For Respondent  :SRI.K.C.ELDHO

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :24/03/2008

 O R D E R
                            K.T.SANKARAN, J.
                      ----------------------------------
                      C.R.P.NO.1235 OF 2003
           -----------------------------------------------------
           DATED THIS THE 24TH DAY OF MARCH, 2008


                              O R D E R

When the revision came up on earlier occasions, there was

no representation for the petitioner. The learned counsel

appearing for the first respondent submitted that the revision has

become infructuous. The first respondent in the revision has filed

I.A.No.774/08 stating all the relevant facts which would indicate

that the revision has become infructuous.

2. The revision is filed against the order in E.A.No.928/02

in E.P.No.88/96 by which the Court below declined to grant

further time for payment of the decree amount in order to get

redelivery of the property.

3. The first respondent-decree holder filed E.P.No.88/96

for execution of the money decree. The property attached before

judgment was brought to sale. In the Court auction sale, the

decree holder purchased the property. When delivery was

attempted, the revision petitioner obstructed. E.A.No.932/2000

was filed by the petitioner while E.A.403/2000 was filed by the

C.R.P.1235/03 -2-

decree holder under Order XXI Rule 97 C.P.C. The executing Court

held that the revision petitioner has no title to the property and that

the obstruction made by him is liable to be removed. Against that

order, E.F.A.1/01 was filed by the revision petitioner. The E.F.A. was

dismissed against which A.F.A. 64/02 was filed by her. That A.F.A was

also dismissed.

4. At the time of disposal of E.F.A..No.1/01, this Court had

granted time to the petitioner to pay the decree amount on or before

29.3.2002. The amount was not paid within time. Though the revision

petitioner filed R.P.No.183/02 against the order in E.F.A.No.1/01, that

review petition was also dismissed.

5. In the facts and circumstances mentioned in the affidavit

accompanying I.A.No.774/08, nothing survives in this Civil Revision

Petition.

The Civil Revision Petition is accordingly dismissed.

K.T.SANKARAN, JUDGE.

dsn