1 O.P.(C) NO.525 OF 2025 2025:KER:26880 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 O.P.(C) NO.525 OF 2025 (AGAINST THE ORDER/JUDGMENT IN ARC NO.657 OF 2018 OF ASSISTANT SESSIONS COURT/SUB COURT / COMMERCIAL COURT, MANJERI) PETITIONER/PETITIONER: SAJIMON, AGED 52 YEARS, S/O KUNHIMUHAMMED, AMBALAKATH HOUSE, NELLIKKAPARAMBA, THIRURKKAD DESOM, VALAMBOOR AMSOM, TIRURKKAD PO, MALAPPURAM DT., PIN: 679 321, BY HIS POWER OF ATTORNEY SAJITHA, AGED 46 YEARS, W/O SAJIMON, AMBALAKATH HOUSE, NELLIKKAPARAMBA, THIRURKKAD DESOM, VALAMBOOR AMSOM, TIRURKKAD PO, MALAPPURAM DT., PIN – 679 321 BY ADV T.K.AJITH KUMAR RESPONDENT/RESPONDENT: MAKKARAPARAMBA SERVICE CO-OP BANK LTD., MAKKARAPARAMBA POST, MALAPPURAM DT., PIN – 676 507, REPRESENTED BY ITS SECRETARY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2025, THE COURT ON 28.03.2025 DELIVERED THE FOLLOWING: 2 O.P.(C) NO.525 OF 2025 2025:KER:26880 JUDGMENT (Dated: 28th March, 2025) The limited request projected in this original petition is for a direction to the trial court to consider and pass orders on E.A.No.2 of 2025 and E.A.No.3 of 2025 in E.P.No.88 of 2022 in ARC No.657 of 2018 before the Assistant Registrar of Co-operative Societies. 2. The respondent filed ARC No.657 of 2018 before the Assistant Registrar of Co-operative Societies, Perinthalmanna, seeking recovery of a loan. An award was passed on 10.3.2022, in favour of the respondent, which led to the filing of E.P.No.88 of 2022 for execution. Due to the petitioner’s absence, the execution petition proceeded ex-parte, culminating in the confirmation of the sale on 11.10.2023 and the issuance of a sale certificate. The petitioner was working abroad and was unaware of the proceedings as his counsel failed to appear in court. He became aware only upon receiving a 3 O.P.(C) NO.525 OF 2025 2025:KER:26880 delivery notice through his wife, indicating that the property was scheduled for delivery on 8.1.2025. Subsequently, the petitioner filed E.A. No.2 of 2025 to set aside the sale, along with I.A.No.3 of 2025 to condone the delay of 454 days. 3. A report was called for regarding the present status of the E.A.s, and it is reported that the sale of the property was conducted on 09.08.2023. The decree-holder was the sole bidder, and the auction amount was set off against the decree debt. On 11.10.2023, there was no representation for the judgment debtor; the sale was confirmed and execution proceedings were closed. The original sale certificate was issued to the decree holder on 23.02.2024. Thereafter, E.A.No.2 of 2025 and E.A.No.3 of 2025 were filed by the judgment debtor on 07.01.2025 to condone the delay and set aside the sale in E.P.No.88 of 2022. Both the E.As stands posted to 18.03.2025 for counter and hearing. 4 O.P.(C) NO.525 OF 2025 2025:KER:26880 4. It is submitted that if the counter is filed, the same will be disposed of within a time frame. 5. Heard the counsel for the petitioner and counsel for the respondent. Taking into consideration the report of the learned Sub Judge, I direct the Execution Court to take up E.A.Nos.2 and 3 of 2025 in E.P.No.88 of 2022 and dispose of the same within one month after the filing of the counter affidavit by the decree holder. This original petition (C) is disposed of. Sd/- BASANT BALAJI, JUDGE ss 5 O.P.(C) NO.525 OF 2025 2025:KER:26880 APPENDIX OF OP(C) 525/2025 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE AWARD DATED 10.03.2022 IN ARC NO. 657/2018. Exhibit-P 2 TRUE COPY OF THE ORDER DATED 11.10.2023 IN E.P. NO. 88/2022 IN ARC NO. 657/2018. Exhibit-P3 TRUE COPY OF THE PETITION E.A. NO. 2 OF 2025 IN E.P. NO. 88/2022 IN ARC NO. 657/2018. Exhibit-P4 TRUE COPY OF THE PETITION E.A. NO. 3 OF 2025 IN E.P. NO. 88/2022 IN ARC NO. 657/2018.