JUDGMENT :

VIJU ABRAHAM, J.

1. The petitioner has approached this court challenging Exts.P7 and P8 whereby the request of the petitioner to receive back the stamp papers and to refund the value of the same was declined stating that the application has been made beyond the period prescribed under Section 48 of the Kerala Stamp Act, 1959.

2. Petitioner is the plaintiff in O.S. No. 597 of 2011 before the Additional Sub Court, North Paravur which was instituted for the realization of an amount of Rs. 16,85,500/-. The suit was decreed in favour of the petitioner as per Ext.P1 decree dated 01.06.2013. In execution of the decree, the property attached was put to sale and the petitioner participated in the auction and the same was fixed in his favour. Petitioner has also remitted the value for the stamp paper required for the issuance of the sale certificate as evident from Ext.P3 receipt dated 21.10.2016. After the said remittance, the Principle Sub Judge purchased the requisite stamp papers for a value of Rs. 2,80,000/- on 22.12.2016. An appeal was preferred by the defendant in the suit before this Court as F.A.O. No. 142 of 2018 and in the said appellate proceedings, the dispute was settle