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Judgment
C.S Dias, J
The original petition is filed to direct the Court of the Principal Subordinate Judge, Irinjalakuda, to permit the petitioner to liquidate the liability in E.P.No.335/2005 in TSCOS No.638/2003 by way of equated monthly instalments.
Pursuant to the order dated 05.04.2023 passed by this Court, the learned Principal Subordinate Judge, Irinjalakuda, has informed this Court that E.P.No.335/2005 was closed on 20.01.2010 confirming the sale in favour of the respondent. Thereafter, C.M.A.No.69/2010 was dismissed on 04.03.2014. Later, E.A.No.792/2016 was filed on 29.09.2016 to permit the petitioner to pay off the entire decree amount. The said application was allowed on 06.10.2016. The entire decree amount was paid and no objection was endorsed by the counsel for the respondent. Accordingly, the sale was set aside.
In the light of the above communication, I hold that the original petition has become infructuous.
Resultantly, the original petition is dismissed as infructuous.