IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 1119 of 2005()
1. MARIYAMMA MATHEW, NELLUVELIL HOUSE,
... Petitioner
Vs
1. THE MEENACHIL EAST URBAN CO-OPERATIVE
... Respondent
For Petitioner :SRI.GEORGEKUTTY MATHEW
For Respondent :SRI.SHAJI THOMAS PORKKATTIL
The Hon'ble MR. Justice K.T.SANKARAN
Dated :24/08/2007
O R D E R
K.T. SANKARAN, J.
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C.R.P. NO. 1119 OF 2005 D
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Dated this the 24th day of August, 2007
O R D E R
The judgment debtor in E.P.No.61 of 2005, on the file of the court of the
Subordinate Judge of Pala, is the revision petitioner. She challenges the order
dated 7th October, 2005, directing delivery of the property on 16.11.2005.
2. The respondent obtained an award against the petitioner for realisation
of amounts due from the petitioner. In execution of the award, the property
belonged to the petitioner was sold and it was purchased in auction by the
respondent. No application was filed by the petitioner to set aside the sale. The
respondent/decree holder filed E.P.No.61 of 2005 for delivery. The court below
passed the impugned order on 7th October, 2005, directing delivery of the
property on 16.11.2005. The property was delivered on 16.11.2005. This
Revision was filed on 28.11.2005.
3. Probably, without bringing to the notice of this Court that delivery was
effected, an order of interim stay of dispossession was obtained from this Court
on 29th November, 2005, on condition that the petitioner shall deposit a sum of
Rs.50,000/- before the executing court. The petitioner has not complied with that
direction.
Nothing survives in this Revision. The Civil Revision Petition has become
infructuous in view of the delivery effected as per the order of the Court. The
Civil Revision Petition is, therefore, dismissed as infructuous.
(K.T.SANKARAN)
Judge
ahz/