Devadas vs Yuvraj Kuries (P) Ltd
2021 Latest Caselaw 9057 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

    THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                       OP(C).No.399 OF 2021

      AGAINST THE ORDER IN OS 761/2001 OF II ADDITIONAL SUB
                         COURT,THRISSUR


PETITIONER/PETITIONER/JUDGMENT DEBTOR/DEFENDANT:

             DEVADAS,
             AGED 60 YEARS
             S/O.N.K.PISHARADI,
             NO.9 SEETHAL MEDOS,
             PERINGAVU DESOM,
             CHEMBUKKAVU VILLAGE,
             THRISSUR TALUK,
             THRISSUR DISTRICT.

             BY ADVS.
             SRI.U.K.DEVIDAS
             SRI.P.C.PRAMODH

RESPONDENT/RESPONDENT/DECREE HOLDER/PLAINTIFF:

             YUVRAJ KURIES (P) LTD.,
             MARAR ROAD, THRISSUR,
             REPRESENTED BY ITS MANAGING DIRECTOR-680 001.

             BY ADV. SRI.C.D.DILEEP

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.399 OF 2021

                                     2




                              JUDGMENT

Dated this the 18th day of March 2021

Being aggrieved by the Ext.P3 order

passed by the Sub Court, Thrissur in

E.A.No.709/2020, the judgment debtor has filed

this O.P challenging propriety and legality

thereof.

2. In a decree passed for realisation of

money, the decree holder who is the respondent

herein purchased the property belonging to the

petitioner in auction. A sales certificate was

issued by the court in the name of the

respondent.

3. It is submitted, that the matter had

in fact been settled and there was no dispute

between the parties when the sale was confirmed.

Entire liability of the petitioner was already

settled. But the fact was not brought to the

notice of the court and sale happened to be OP(C).No.399 OF 2021

confirmed. The respondent does not dispute that

it received the entire amount due as per the

decree. In that situation, the petitioner sought

the sale to be set aside and to recall the sale

certificate issued in favour of the respondent by

filing a E.A.No.709/20. That application was

dismissed by impugned order by the court below

taking a view that, no legal reasons existed for

setting aside the sale. Some case laws were also

referred by the court below in this respect.

           4.    When    this         matter     came      up    for

admission       before   me,    the     counsel      appearing    on

both sides submitted that, the impugned order may

be set aside and sale certificate issued in the

name of the respondent may be recalled.

5. The learned counsel appearing for the

respondent submitted that, the Kury Company

received the entire amount due on the decree and

therefore, it has no objection to the sale being OP(C).No.399 OF 2021

set aside and the sale certificate also being

recalled. It was further submitted that, the

petitioner continues to be in possession of the

property and the decree holder has not sought to

take the delivery of the property. Though,

strictly speaking, there are no legal reasons to

interfere with the order of the court below, for

ends of justice and in the larger interest of

the disputes between parties being given a

quietus, I am of the view that, this Court ought

to invoke powers under Article 227 of the

Constitution of India and set aside the impugned

order.

In the result, the O.P is allowed setting

aside the impugned Ext.P3 order dated 24.11.2020

in E.A.No.2147/2007 in E.P.No.219/2005 in

O.S.No.761/2001 passed by the Additional Sub

Judge-II, Thrissur. The sale conducted by the

court below on 30.03.2007 is set aside. The sale OP(C).No.399 OF 2021

certificate issued in the name of the respondent

Yuvraj Kuries (P) Ltd., is recalled. The court

below shall cancel the sale certificate and

inform the Sub Registry, if any copy thereof was

already forwarded.

Sd/-

T.V.ANILKUMAR JUDGE SMF OP(C).No.399 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITION IN E.A.NO.647/2020 IN E.A.NO.2147/2007 IN E.P.NO.219/2005 IN O.S.NO.761/2001 BEFORE THE SUB COURT, THRISSUR DATED 28.09.2020.

EXHIBIT P2 TRUE COPY OF E.A.NO.709/2020 IN E.A.NO.2147/2007 IN E.P.NO.219/2005 IN O.S.NO.761/2001 BEFORE THE SUB COURT, THRISSUR DATED 10.11.2020.

EXHIBIT P3 TRUE COPY OF ORDER DATED 24.11.2020 IN E.A.NO.709/2020 IN E.A.NO.2147/2007 IN E.P.NO.219/2005 IN O.S.NO.761/2001 PASSED BY THE ADDITIONAL SUB JUDGE-II, THRISSUR.

//TRUE COPY// PA TO JUDGE