IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 10150 of 2008(G) ---------------------------------------- PETITIONER: -------------------- P.V.JOSE, AGED 48 YEARS, S/O.VARGHESE, VELUTHEPPILLY HOUSE, KANJOOR, KIZHAKKUMBHAGAM VILLAGE, PARAPPURAM P.O. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT. P.PRIYA DEVI SMT.LEKSHMI SWAMINATHAN SRI.BEATRIEE FERIA RESPONDENTS: ------------------------ 1. PERINGOTTUKARA NAMBOODIRI YOGAKSHEMA SABHA, ANTIKAD, REPRESENTED BY ITS SECRETARY, PIN – 680 541. 2. P.P. VARGHESE, PARAKKADAN HOUSE, OKKAL, CHELAMATTOM KARA, OKKAL P.O. 3. M.T. MONY, S/O.THOMAS, MAZHUVANCHERY HOUSE, KANJOOR KARA, KIZHAKKUMBHAGAM VILLAGE, PIN – 683 572. 4. NEJUKUMAR K.N., KAPRAKATTU HOUSE, KANJOOR P.O., KALADY. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== W.P.(C) No.10150 OF 2008 ===================== Dated this the 26th day of March 2008 JUDGMENT This writ petition is filed against the order of the Munsiff's Court, Aluva in E.A.No.191 of 2007 in E.P.No.16 of 2007 in O.S.No.89 of 2004, whereby it has refused to set aside the sale under Order XXI Rule 90 C.P.C. It has to be stated that when an application for setting aside a sale is filed only on disposal of the same a situation arises for confirmation of sale. Therefore it will amount to a disposal under order XXI Rule 92 C.P.C. The proper remedy for the party is to file an appeal under Order 43 Rule 1(j) C.P.C. So this writ petition is not maintainable. Hence it is dismissed. As the party wants to prefer an appropriate appeal before the proper forum, I direct the court below to postpone the confirmation of sale by one week. M.N.KRISHNAN, JUDGE Cdp/-