IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 16185 OF 2006(B) -------------------------- AGAINST THE ORDER IN EP 31/02 IN OS.8/2001 OF SUB COURT, OTTAPPALAM .................... PETITIONER: ------------ C.A. UNNIKRISHNAN, 39 YEARS, S/O. APPUGUPTAN, CHAMBANPADATH HOUSE, VAKADAPURAM P.O., KARIMPUZHA VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.A.F.SEBASTIAN RESPONDENT: ------------- THE CATHOLIC SYRIAN BANK LTD., REP. BY ITS OLAVAKODE BRANCH MANAGER. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.MATHEWS V.JACOB (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)16185/06 APPENDIX PETITIONER’S EXHIBITS:- EXT.P1:- TRUE COPY OF THE E.P. EXT.P2:- TRUE COPY OF THE COUNTER STATEMENT IN E.P. EXT.P3:- TRUE COPY OF THE SANCTION LETTER ISSUED BY THE BANK EXT.P4:- TRUE COPY OF THE AFFIDAVIT BY THE BANK EXT.P5:- TRUE COPY OF THE COUNTER STATEMENT IN THE E.A. EXT.P6:- TRUE COPY OF THE AFFIDAVIT IN THE E.A. RESPONDENTS’ EXHIBITS:- NIL //TRUE COPY// M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.16185 OF 2006 =========================== Dated this the 19th day of August, 2008 JUDGMENT This petition is filed under Article 227 of the Constitution of India challenging the proclamation of sale contending that upset price fixed is insufficient and value of the property to be sold is more than Rs.20 lakhs. When the Writ Petition was admitted, an order of stay was granted on 23.6.2006 on condition of deposit of Rs.50,000/- before the executing court within three months. But petitioner did not deposit that amount. Automatically no order of stay operates thereafter. Learned counsel appearing for respondent decree holder submitted that subsequently the property was sold in auction sale and the case was confirmed and it now stands posted for delivery. The remedy of the petitioner is either to file an application under Rule 89 or Rule 90 of Order XX1. With that liberty to get the sale set aside,Writ Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/-