RAVEENDRAN NAIR Vs. SADASIVAN

JUDGEMENT

(1.) This writ petition is filed by the judgment debtor in E.P.No.161 of 2004 of the court of learned Additional Munsiff-I, Neyyattinkkara where an award in A.R.C.No.29 of 2001 is being executed against petitioner. Property of petitioner was sold in auction on 03-01-2009 and purchased by the respondent. Petitioner filed E.A.No.438 of 2009 to set aside the sale. That application was dismissed by the executing court on the ground of limitation. In the meantime, it is contended that petitioner paid the entire decree amount to the respondent and settled the case. Petitioner filed E.A.No.691 of 2001 under Order 47 of the Code of Civil Procedure to set aside the sale on the ground of nullity. That application was dismissed by the executing court as per Ext.P5 dated 26-10-2009 which is under challenge in this writ petition.

(2.) Parties have filed compromise petition vide I.A.No.12529 of 2010 signed by them and counsel. In the compromise petition it is stated that entire amount due to the respondent/decree holder has paid and respondent has no objection in allowing E.A.No.691 of 2009 and setting aside the sale as nullity. Learned counsel on both sides requested that judgment may be passed in terms of compromise.

(3.) I heard counsel on both sides. I have perused records as well as compromise petition. I find no reason why request shall not be allowed. Resultantly this writ petition is allowed in the following lines: