IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9863 of 2010(O)
1. SANGEETH DAVIS, S/O.DAVIS,
... Petitioner
Vs
1. SHAMSUDEEN, S/O.ABOOBACKER,
... Respondent
For Petitioner :SRI.JIJO PAUL
For Respondent :SRI.T.M.CHANDRAN
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :13/08/2010
O R D E R
THOMAS P. JOSEPH, J.
--------------------------------------
W.P.(C) No.9863 of 2010
--------------------------------------
Dated this the 13th day of August, 2010.
JUDGMENT
Petitioner is the son of judgment debtor in E.P.No.388 of 2007 in
O.S.No.857 of 1999 of the court of learned Additional Sub Judge -II, Thrissur. In
execution of the decree for money property of judgment debtor was sold in
auction and purchased by the respondent/decree holder. Sale certificate was
also issued to the respondent. Judgment debtor and the respondent are working
abroad. Since judgment debtor is not available in station his son has preferred
this Writ Petition requesting to issue certified copies of the documents applied for
in the executing court and in the meantime to direct the learned Sub Judge not
to proceed with delivery of the property.
2. Now parties have settled the dispute outside court. Respondent
has filed a statement to the effect that he has no objection in the sale certificate
issued in the case being set aside but makes a request to return value of the
stamp paper used for issuing sale certificate to him. He has no objection in
E.A.No.1634 of 2009 (preferred by the respondent for delivery of property) being
dismissed as not pressed.
3. I have heard counsel on both sides. Statement filed by the
respondent is recorded.
Resultantly this Writ Petition is disposed of in the following lines:
i. Certificate of sale issued to the respondent herein in E.P.No.388 of
WP(C) No.9863/2010
2
2007 in O.S.No.857 of 1999 of the court of learned Additional Sub Judge-II,
Thrissur is set aside.
ii. It is made clear that if as per the law in force respondent is entitled
to get back value of stamp paper on which certificate of sale was issued and
which is hereby cancelled, executing court shall return the value of stamp paper
to the respondent/decree holder.
iii. E.A.No.1634 of 2009 in E.P.No.388 of 2007 will stand dismissed as
not pressed.
iv. The amount if any deposited by petitioner in executing court
pursuant to the interim order passed by this Court on 23.03.2010 shall be
returned to the petitioner as both sides agree before me.
THOMAS P.JOSEPH,
Judge.
cks