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Judgment
12 paragraphs · 190 words@Judgmenttag-Judgment
A.Badharudeen, J.
The second judgment debtor in E.P.105/2013 in O.S.128/2009 has filed this Original Petition under Article 227 of the Constitution of India to stay
the delivery ordered by the execution court.
Heard the learned counsel for the petitioner on admission.
It is an admitted fact that the sale was confirmed as early on 29.11.2016. What remains is delivery. By the time, the legal remedies available to the
second judgment debtor/petitioner herein is exhausted, and therefore, no interference is permissible within the ambit of law.
In view of the matter, I am not inclined to interfere with the order of delivery as the same is not justifiable. Therefore, the Original Petition lacks
merits and is dismissed.
It is made clear that if the petitioner is having any intention to re-convey the property after paying the due towards the bank, he can opt for the said
remedy as part of conciliation between decree-holder and the second judgment debtor/ by way of negotiation.
Registry is directed to forward a copy of this judgment to the court below concerned, forthwith by email, for information and further steps.