IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 6515 of 2008(A) ------------------------- (E.A.643/05 IN E.P.287/93 IN O.S.342/88 OF THE ADDL.SUB COURT, NORTH PARAVUR) PETITIONER: ------------ K.K.LONAPPAN, KORATTIKUNNEL HOUSE, PULIYANAM P.O., PARAKADAVU VILLAGE, ALUVA. BY ADV. SRI.A.K.SAITHU MOHAMMED RESPONDENT: ------------- CATHOLIC SYRIAN BANK, AYIROOR BRANCH, REPRESENTED BY ITS MANAGER, AYIROOR, KUNNUKARA P.O., ALUVA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 6515 OF 2008 --------------------- Dated this the 26th day of February, 2008 JUDGMENT This writ petition is preferred against the order of the Additional Subordinate Judge, North Paravur, whereby he had dismissed the application EA 643/05 to set aside the sale confirmed by the court in auction. The procedures contemplated for invalidating a sale under Civil Procedure Code are under Order XXI Rule 89, Order XXI Rule 90 and for any other grounds, the remedy is under Section 47 of the CPC. Now it is seen from the application made before the court that the sale was conducted on 7.2.94 and was confirmed on 25.6.01 and now only a prayer is made to cancel the sale certificate. It cannot be done. The only mode known to law is to re-transfer the property that has been transferred and not by a petition of this nature to cancel the sale certificate. The writ petition is accordingly dismissed. M.N.KRISHNAN, JUDGE vps