Saidali vs Nil
2021 Latest Caselaw 3963 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

 WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                       OP(C).No.731 OF 2020

 AGAINST THE ORDER DATED 19.02.2020 IN E.P.NO.36 OF 2019 IN
          O.S.NO.166/2014 OF MUNSIFF COURT, TIRUR


PETITIONERS:

      1        SAIDALI,
               AGED 72 YEARS,
               S/O. MOHAMMAD HAJI, PAINGAL HOUSE,
               KATTIPPARUTHY, VALANCHERY P.O, PIN 676 552,
               TIRUR TALUK, MALAPPURAM DISTRICT.

      2        NAJUMUDEEN,
               AGED 42 YEARS,
               S/O. SAIDALI, PAINGAL HOUSE, KATTIPPARUTHY,
               VALANCHERY P.O, PIN 676 552, TIRUR TALUK,
               MALAPPURAM DISTRICT.

      3        SHERIF ALIAS SHERI,
               AGED 39 YEARS,
               S/O. SAIDALI, PAINGAL HOUSE, KATTIPPARUTHY,
               VALANCHERY P.O, PIN 676 552, TIRUR TALUK,
               MALAPPURAM DISTRICT.

      4        SHADIA,
               AGED 37 YEARS,
               D/O. SAIDALI, PAINGAL HOUSE, KATTIPPARUTHY,
               VALANCHERY P.O, PIN 676 552, TIRUR TALUK,
               MALAPPURAM DISTRICT.

               BY ADVS.SRI.K.V.JAYADEEP MENON
                       SRI.T.P.RAMESH (THENGUMPILLIL)
                       SMT.P.KRISHNAPRIYA
                       SMT.SUSMITHA K.

RESPONDENTS/DECREE HOLDER & JUDGMENT DEBTOR IN THE ABOVE
CASE:

      1        SABEEB RAHMAN,
               AGED 29 YEARS,
               S/O. BAVA, KUNNATH HOUSE, KATTIPPARUTHY,
               VAIKKATHOOR DESOM, PIN 676 552, TIRUR TALUK,
               MALAPPURAM DISTRICT.
 O.P.(C)No.731/2020

                                -:2:-



        2        MOHAMMAD SHAFI,
                 AGED 44 YEARS,
                 S/O. SAIDALI, PAINGAL HOUSE, KATTIPPARUTHY,
                 VALANCHERY P.O, PIN 676 552, TIRUR TALUK,
                 MALAPPURAM DISTRICT.

                 R1 BY ADV. SHRI.T.K.AJITH KUMAR
                 R2 BY ADVS.SHRI.VINEETH.K.MOHANAN
                            SHRI.JINS.P.JOHN

     THIS OP (CIVIL)          HAVING    BEEN   FINALLY HEARD ON
03.02.2021, THE COURT         ON THE    SAME   DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.731/2020

                                        -:3:-




                     Dated this the 3rd day of February,2021

                              J U D G M E N T

The impugned order arises from E.P.No.36/2019

in O.S.No.166/2014 on the file of the Munsiff

Court, Tirur.

2. Being aggrieved by the order refusing to

set aside sale conducted, a third party to the

proceeding filed this original petition. It is

submitted all persons concerned and interested in

the auctioned property settled the issues as

between them by filing a joint statement executed

between them before the court below. A copy of the

joint statement dated 11.01.2021 was also produced

before this Court.

3. In view of the joint statement having

been filed by parties which the court below has no

reason to refuse to accept, the learned counsel

appearing for the petitioners in this proceedings

submitted that he does not propose to further

pursue this matter.

O.P.(C)No.731/2020

In the result, this original petition is

dismissed as withdrawn.

All pending interlocutory applications will

stand closed.

Sd/-

                                    T.V.ANILKUMAR,JUDGE

DST                                                      //True copy/

                                                        P.A.To Judge
 O.P.(C)No.731/2020






                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           THE TRUE PHOTOCOPY OF THE SETTLEMENT

DEED NO 2914/2001 OF S.R.O KUTTIPURAM DATED 30-10-2001.

EXHIBIT P2 THE TRUE PHOTOCOPY OF THE AWARD DATED 09-07-2016 OF THE LOK ADALATH IN O.S NO. 166/2014 OF THE MUNSIFF'S COURT, TIRUR

EXHIBIT P3 THE TRUE PHOTOCOPY OF THE EXECUTION PETITION NO. 36/2019 IN O.S NO. 166/2014 OF THE MUNSIFF'S COURT, TIRUR DATED 18-01-2019.

EXHIBIT P4 THE TRUE PHOTOCOPY OF THE SALE PROCLAMATION AND SCHEDULE OF PROPERTY WITH AFFIDAVIT OF THE 1ST RESPONDENT HEREIN FILED IN E.P NO. 36/2019 IN O.S NO. 166/2014 OF THE MUNSIFF'S COURT, TIRUR DATED 05-09-2019.

RESPONDENTS' EXHIBITS: NIL