IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 2124 of 2008(C) ------------------------- E.A.1939/05 IN E.P.172/03 IN OS.179/1999 of PRL.SUB COURT,IRINJALAKUDA .................... PETITIONER: ------------ VIJAYALAKSHMI, D/O. MANATH RAMAN KUNJI, THEKKUMMURI DESOM, PUTHENCHIRA VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENT: ---------------- SURAG CHITTIES (P) LTD., IRINJALAKUDA, MUKUNDAPURAM TALUK. BY ADV. SRI. T.N. MANOJ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 2124 OF 2008 = = = = = = = = = = = = = = = Dated this the 17th day of January, 2008. J U D G M E N T This writ petition is filed seeking to set aside Ext.P2 order. E.A.1939/05 is an application filed by the judgment debtor to set aside the sale effected by the Court. The said application was dismissed for default on 6.6.07 and I am informed that an application is filed on 26th June, 2007 itself for restoration of that execution application. So far as the dismissal under Order 21 Rule 105 even then 30 days time is available and therefore it is matter that can be considered. But if it is not posted for hearing and is otherwise dismissed Section 151 CPC will apply and therefore there cannot be any limitation for the same and in that angle also the Court can consider it. Here is a case where the judgment debtor and decree holder agreed to settle the matter, that is, the decree holder to receive the amount due and set aside the sale. I feel this matter can be considered favourably as there does W.P.C 2124 OF 2008 -:2:- not appear to be any legal objection. So, the Court below is therefore directed to dispose of E.A.810/07 and thereafter on restoration of E.A.1939/05 in the light of the settlement between the parties, pass appropriate orders so that unnecessary expenditure to be borne by the parties can be saved. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-