IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 10732 of 2009(O) -------------------------- EP 89/2006 IN OS.3046/2000 of II ADDL.MUNSIFF COURT,THRISSUR .................... PETITIONER(S): --------------- FRANCIS, S/O.CHELIPARAMBIL ANTONY CHIYYARAM VILLAGE, DESOM, THRISSUR DISTRICT. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): --------------- CONARK KURIES (P) LTD. THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- W.P.(C).No.10732 of 2009 ---------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT The petitioner is the judgment debtor in E.P.No.89 of 2006 in O.S.No.3046 of 2000 on the file of the court of the II Additional Munsiff of Thrissur. His property was sold in court auction. He filed an application under Order 21 Rule 90 of the Code of Civil Procedure. There was delay in filing the application. The executing court dismissed the application as per Ext.P1 order dated 4th July 2008. Thereafter, the sale was confirmed as per Ext.P2 and the Execution Petition was closed. Exts.P1 and P2 are under challenge in this Writ Petition. 2. Against Ext.P1 order an appeal is maintainable. Therefore, the Writ Petition cannot be entertained against that order. Ext.P2 is an order by which the sale was confirmed. When an application filed under Order 21 Rule 90 is dismissed, the sale has to be confirmed. The executing court has only confirmed the sale in accordance with law. The Writ Petition lacks merit and it is accordingly dismissed. K.T.SANKARAN, JUDGE csl