IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 8496 of 2008(J) ------------------------- AGAINST THE ORDER DATED 14/11/2007 IN EA.137/07 IN EP.28/06, IN OS.307/2002 of MUNSIF COURT, KANJIRAPPALLY .................... PETITIONER: RESPONDENT: ----------------------- P.B. SURESHKUMAR, PUTHIYAPARAMBIL, KIZHAKKUMBHAGOM, CHIRAKKADAVU. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENTS: PETITIONER: ------------------------ JIJI SUDARSANALAL, KANDATHIL HOUSE, KOOVAPPALLY KARA, KOOVAPPALLY VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No.8496 of 2008 ------------------------------------------- Dated this the 13th day of March, 2008 JUDGMENT This writ petition is moved with a prayer to set aside Ext.P5. The prayer in the application filed before the court below is to grant the sale certificate. 2. It was objected by the judgment debtor. A decree was passed in favour of the decree holder on 27.6.2003. Since the judgment debtor failed to pay the amount, sale had been confirmed. The contention is that the sale is void. When a sale is confirmed by the Civil Court, it is the bounden duty under Order XXI Rule 94 of the Civil Procedure Code to issue a sale certificate. There are legal remedies available, one in the form of Order XXI Rule 89, other in form of Order XXI Rule 90 and in cases where the grounds are not covered by Order XXI Rule 90, Section 47 CPC. When all these remedies are available for a party and the party closes his or her eyes and come at a belated stage challenging the correctness of the sale, it is not proper to entertain such a plea because already the protraction of a civil WPC 8496/08 2 litigation will further amount to the abuses of process of court. If the party wants to settle the matter, the only possible way is to request the decree holder for reconveyance of the property on receipt of the amount. So, I do not want to interfere with the order passed by the court below. But, I make it clear that this order shall not stand in the way of any compromise between the judgment debtor and decree holder in the case. The writ petition is dismissed. M.N.KRISHNAN, JUDGE csl