The Court held that a civil revision filed in 2008 challenging an order dated 2006 regarding confirmed sale was not maintainable. The petitioner's remedy lay under specific rules of the Code of Civil Procedure to set aside the sale if still vacant from its pocket.
Revision petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930
CRP.No. 128 of 2008()
--------------------AGAINST THE ORDER DATED 27/07/2006 IN EP. 4 /2003 IN LAR.1/1999 of SUB COURT,THODUPUZHA
REVN. PETITIONER: JUDGMENT DEBTOR:
STATE OF KERALA,
REP. BY THE DISTRICT COLLECTOR, IDUKKI.
BY GOVERNMENT PLEADER SMT.R.BINDU.
RESPONDENTS: DECREE HOLDERS;
BY ADV. SRI.C.K.VIDYASAGAR FOR R1 & 2
SRI.T.I.ABDUL SALAM FOR R1 & 2
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.SASIDHARAN NAMBIAR, J.
C.R.P.No.128 of 2008
Dated this the 22nd July, 2008.
O R D E R
Even though revision was filed challenging the order dated, 27.7.2006, in the year 2008, the sale was confirmed as early as in 2006. Therefore, the order dated, 27.7.2006 cannot be interfered. The remedy of the State was to get the sale set aside, either under Rule 89 or 90 of Code of Civil Procedure.
submitted that respondents-decree holders/auction purchasers are prepared to re-convey the property, if the State deposits the entire amount due to the respondents under the decree, including the interest, cost and expenses. Recording the said submission, revision petition is closed.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.
1 issue framed by the court
Whether the order confirming sale in 2006 can be challenged via revision filed in 2008.
2 provisions across 1 enactments
State of Kerala
Thomas
Susamma
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
