Kamala M. vs Pallithodi Retnakaran, Panagavil Valaru and Shanmughan

P.N. Ravindran, J.—The relief sought in this original petition filed under Article 227 of the Constitution of India by a third party to a suit is for an order directing the Court of the First Additional Subordinate Judge of Kozhikode to issue certified copies of the order dated 12.6.2013 dismissing E.A. No. 935 of 2012 in E.P. No. 117 of 2012 in O.S. No. 651 of 1993 as also the order passed by the court below in E.P. No. 117 of 2012 on 12.6.2012 directing delivery of a parcel of land which was brought to sale and sold in court auction on 30.7.2001. The petitioner has also prayed for an order keeping in abeyance delivery of the property sold on 30.7.2001 until the certified copies of the aforesaid orders are issued and for a period of two weeks thereafter. When this original petition was admitted an interim order was passed on 24.6.2013 staying all further proceedings in E.P. No. 117 of 2012 in O.S. No. 651 of 1993 on the file of the Court of the First Additional Subordinate Judge of Kozhikode for a period of one month. The said period expires today. When the original petition came up for hearing today, learned counsel appearing for the first respondent submitted that the original petition may be disposed of with a direction to the court below to issue certified copies of the orders mentioned in the relief portion of the original petition, if they have been applied for by the learned counsel appearing for the petitioner. Learned counsel for the first respondent however opposed the grant of an order staying delivery of the property sold in execution of the decree in O.S. No. 651 of 1993.

The materials on record disclose that the sale was held on 30.7.2001. It was confirmed on 3.10.2001 and the sale sannad was issued on 27.8.2002. An application for delivery of the property sold and purchased by the decree holder/auction purchaser on 30.7.2001 was filed only in the year 2012. The petitioner opposed the said application on the ground that it is barred by limitation for the reason that it was not filed within the period of one year from the date of the sale as stipulated in Article 134 of the Limitation Act, 1963. The execution court overruled the said contention and ordered delivery of the property. The execution court also declined to implead the petitioner as the third respondent in the execution petition. The purpose of the instant original petition is evidently one to enable the petitioner to canvass the correctness of the order dismissing E.A. No. 935 of 2012 in E.P. No. 117 of 2012 in O.S. No. 651 of 1993 and the order directing delivery of the property and to stay delivery until such time as she is in a position to institute appropriate proceedings and seek appropriate interim reliefs. Having regard to the fact that the property which was sold on 30.7.2001 has not so far been delivered over to the decree holder/auction purchaser notwithstanding the fact that a sale sannad was issued on 27.8.2002, I am of the opinion that no serious prejudice will be caused to the first respondent/decree holder by keeping delivery of the property in abeyance for a further period of two weeks from today so as to enable the petitioner to work out her remedies in other appropriate proceedings after receipt of a certified copy of the order dismissing E.A. No. 935 of 2012 in E.P. No. 117 of 2012 in O.S. No. 651 of 1993 and the order directing delivery of the property sold in auction in E.P. No. 117 of 2012 in O.S. No. 651 of 1993 on the file of the Court of the First Additional Subordinate Judge of Kozhikode.

I accordingly dispose of the original petition with the following directions:-

(a) The Court of the First Additional Subordinate Judge of Kozhikode shall, if the petitioner has applied for certified copies of the order dated 12.6.2013 in E.A. No. 935 of 2012 in E.P. No. 117 of 2012 in O.S. No. 651 of 1993 and the order passed on 12.6.2013 in E.P. No. 117 of 2012 in O.S. No. 651 of 1993 directing delivery of the property sold in court auction, issue certified copies thereof within one week from today, if till date, the certified copies applied for have not been issued.

(b) Further proceedings in execution of the decree in O.S. No. 651 of 1993 on the file of the Court of the First Additional Subordinate Judge of Kozhikode shall stand stayed for a period of two weeks from today, so as to enable the petitioner to institute appropriate proceedings, if so advised, challenging the orders in E.A. No. 935 of 2012 in E.P. No. 117 of 2012 in O.S. No. 651 of 1993 and E.P. No. 117 of 2012 in O.S. No. 651 of 1993.