MUHAMMED SHERIFF Vs. CHERIL KRISHNAN MENON

JUDGEMENT

(1.) THE petitioner is the second respondent in an execution petition filed by the decree holder for realisation of money. The petitioner was not a party to the suit filed by the decree holder/first respondent against the judgment debtor/second respondent. The second respondent had filed a suit on 13.03.1995 against the second respondent for realisation of money. The first respondent had sold his property to the petitioner by sale deed dated 22.07.1995. The suit for realisation of money was decreed ex-parte on 16.06.1996. The execution petition was filed on 07.11.2005 to attach and sell the property taken assignment of by the petitioner.

(2.) IT appears that there was an attachment in an earlier execution petition filed. But then the attachment was not kept alive when the said execution petition was dismissed for default. The present execution petition was filed for sale of the property purchased by the petitioner. It is now conceded at the bar that the sale has already taken place. The petitioner has filed an application challenging the sale under Section 47 of the Code of Civil Procedure.

(3.) THE court of the Subordinate Judge of Thrissur is directed to consider E.A. No. 902/2010 in E.P. No. 584/2005 in O.S. No. 317/1995 pending on its file under Section 47 of the Code of Civil Procedure untrammeled by anything said in the order dated 06.11.2009 in E.P. No. 584/2005 therein. The writ petition is disposed of as above. No costs.