IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 5680 of 2008(A) ------------------------- AGAINST THE ORDER IN EP 293/2001 IN OS.870/1998 of MUNSIFF COURT, KODUNGALLUR .................... PETITIONER: ------------ CHAKKI, W/O.VELAYUDHAN, PACHAPPULLIL, KAIPPAMANGALAM VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.S.MOHAMMED AL RAFI SRI.K.J.NASARUL ASLAM RESPONDENTS: ------------- 1. ABDUL RAZZACK, S/O.SAITHALI, RAYAM MARAKARU VEETTIL, PALLAPRAM DESOM, VALAPPATT VILLAGE, CHAVAKKADU TALUK. 2. JOHSI, S/O.SUDHAKARAN, KOZHIPARAMBIL,PALLAPRAM DESOM, VALAPPATT VILLAGE, CHAVAKKADU TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 5680 OF 2008 --------------------- Dated this the 18th day of February, 2008 JUDGMENT This writ petition is preferred to set aside the sale in EP 293/01 in OS 870/98 of the Munsiff court, Kodungallur. 2. A perusal of the writ petition would reveal that the auction was conducted on 12.2.07. The sale was confirmed, the sale certificate was issued and the delivery was ordered. Under the provisions of the CPC one has to resort to Order XXI Rule 89 or Rule 90 and for grounds other than Under Order XXI rule 90 one may have to resort to Section 47 of the CPC. Without resorting to these provisions in time, coming to the High Court with a prayer for mercy cannot be entertained. Everything has attained finality and at the present, the only person who can do some concern is the decree holder. I do not find any merit in the writ petition and it is accordingly dismissed. But I make it clear that the writ petitioner can request the decree holder to give back the property on repayment of the amount plus interest plus 5% discount and if the decree holder is amenable for re- conveyance of the property, the purpose can be achieved. But the said ball is only in the court of the decree holder and this court cannot compel the decree holder to do anything. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps