Supreme Court dismisses recourse under Article 146 Constitution for civil debt execution sale.

[*568] 1970 June 5

(TRIANTAFYLLIDES, J.)

REYISIONAL JURISDICTION

In the matter of Article 146 of the Constitution

White Hills Ltd. , and others,

Applicants,

and

The Republic of Cyprus, through

1. The Minister of Interior,

2. The District Lands Officer, Famagusta,

Respondents.

(Case No. 147/70).

Jurisdiction - Article 146 of the Constitution - Decision to proceed with sale of immovable property by way of execution of judgment debt - Recourse - Subject matter of recourse being administrative action not having as its primary object the promotion of any public purpose, but concerning only Civil Law rights, and sale being a matter closely related to judicial proceedings, Court not vested with jurisdiction to entertain recourse.

J. Kaniklides, for the Applicants.

L. Loucaides, Senior Counsel of the Republic, for the Respondents.

X. Clerides, for the Interested Party (the judgment creditor).

DECISION

The following decision was delivered by:

TRIANTAFYLLIDES. J.: In this case I am dealing at this stage with an application for a provisional order [*569] postponing the sale of immovable property of the applicants by way of execution in satisfaction of a judgment debt arising out of a judgment given against the applicants by the District Court of Famagusta in Civil Action No. 2131/1967 on the 22nd March, 1969; the said sale has been fixed to take place, by public auction, on the 21st June, 1970.

Before deciding whether or not I should make the provisional order applied for , I have had to decide whether I possess jurisdiction, under Article 146 of the Constitution, in relation to the subject-matter of this recourse, which is the

decision of respondent 2 - who comes under respondent 1 - to proceed with the sale in question, under a writ of sale issued in execution of the said judgment.

On the material before me, and having paid due regard to all that learned counsel for the parties have submitted, I reached the conclusion that in a case of this nature I do not possess jurisdiction under Article 146, as the administrative action, which is the subject-matter of the present recourse, does not have as its primary object the promotion of any public purpose but concerns only civil law rights (see Charalambides and The Republic 4 R.S.C.C. 24; also, Cyprus Industrial and Mining Co. Ltd. and The Republic

(1966) 5 J.S.C. 652).

Furthermore, as the sale in question is by way of execution of a judgment debt, it is a matter closely related to judicial proceedings, and for this reason, too, it is not within the ambit of Article 146 (see, inter alia, Xenophontos and The Republic 2 R.S.C.C. 89). [*570]

As, therefore, I do not possess competence regarding the subject-matter of the recourse, it follows that I cannot, in any event, make the provisional order applied for and the application of the applicants for the purpose is hereby dismissed; the applicants to pay £15.- costs to counsel for the respondents and, also, £15.- costs to counsel for the interested party.

Application for a provisional order dismissed. Order for costs as above.