IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7407 of 2010(O)
1. RAVEENDRAN NAIR
... Petitioner
Vs
1. SADASIVAN, S/O.KANNU NADAR
... Respondent
For Petitioner :SRI.G.SUDHEER
For Respondent :SRI.S.K.VINOD
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :16/09/2010
O R D E R
THOMAS P JOSEPH, J.
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W.P.C.No.7407 of 2010
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Dated this 16th day of September, 2010
JUDGMENT
This writ petition is filed by the judgment debtor in
E.P.No.161 of 2004 of the court of learned Additional Munsiff-I,
Neyyattinkkara where an award in A.R.C.No.29 of 2001 is being
executed against petitioner. Property of petitioner was sold in
auction on 03-01-2009 and purchased by the respondent.
Petitioner filed E.A.No.438 of 2009 to set aside the sale. That
application was dismissed by the executing court on the ground
of limitation. In the meantime, it is contended that petitioner paid
the entire decree amount to the respondent and settled the case.
Petitioner filed E.A.No.691 of 2001 under Order 47 of the Code of
Civil Procedure to set aside the sale on the ground of nullity.
That application was dismissed by the executing court as per
Ext.P5 dated 26-10-2009 which is under challenge in this writ
petition.
2. Parties have filed compromise petition vide
I.A.No.12529 of 2010 signed by them and counsel. In the
compromise petition it is stated that entire amount due to the
respondent/decree holder has paid and respondent has no objection
W.P.C.No.7407 of 2010
: 2 :
in allowing E.A.No.691 of 2009 and setting aside the sale as nullity.
Learned counsel on both sides requested that judgment may be
passed in terms of compromise.
3. I heard counsel on both sides. I have perused records
as well as compromise petition. I find no reason why request shall
not be allowed.
Resultantly this writ petition is allowed in the following lines:
(i) The compromise effected between the parties is
accepted and recorded and the writ petition is
allowed in terms of compromise.
(ii) E.A.No.691 of 2009 in E.P.No.161 of 2004
of the court of learned Additional Munsiff-I,
Neyyattinkkara will stand allowed and consequently
sale of schedule property held on 03-01-2009 will
stand set aside as null and void.
(THOMAS P JOSEPH, JUDGE)
Sbna/-
True Copy
P.A to Judge