High Court Kerala High Court

Muhammed vs State Of Kerala on 16 January, 2007

Kerala High Court
Muhammed vs State Of Kerala on 16 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 1800 of 1999(F)



1. MUHAMMED
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.K.V.JAYACHANDRAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :16/01/2007

 O R D E R
                             M.SASIDHARAN NAMBIAR,J.

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

                              C.R.P.NO.1800 OF 1999

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

             DATED THIS THE 16th DAY OF JANUARY, 2007


                                         ORDER

Petitioners are decree holders auction purchasers. They filed

E.A.855/97 before Sub Court, Ernakulam for delivery of the property.

The sale was confirmed on 31.1.96. Petition was filed only on 28.7.97.

The period of limitation is one year and it will start to run from the date

on which the sale was confirmed. The period of limitation, therefore,

started to run from 31.1.96. Petition was filed beyond the period of

limitation. Hence learned Sub Judge rightly dismissed the application.

I do not find any illegality or irregularity in that order warranting

interference in exercise of the revisional jurisdiction of this Court.

Learned Government pleader submitted that Government

deposited the entire amount due to the decree holders in

L.A.R.73/1972, for realisation of which, the property was sold in

E.P.165.1986. Learned Counsel appearing for petitioners submitted that

the cost of stamp papers and subsequent interest were not deposited.

If that be so, the petitioners can seek an appropriate remedy available

under the law.

M.SASIDHARAN NAMBIAR,JUDGE

Acd

M.SASIDHARAN NAMBIAR,J.

————————–

C.R.P.NO.1800 OF 1999

————————-

ORDER

16.1.2007