IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 5079 of 2008(D) ------------------------------------- AGAINST THE ORDER DATED 09/10/2007 IN EP.38/2005 IN OS.49/2000 OF SUB COURT,KATTAPPANA. .................... PETITIONER: ------------------- THOMAS,S/O. THOMAS KODIKKANAL HOUSE, NEDUMKANDOM KARA KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE. RESPONDENT/ DECREE HOLDER: ------------------------------------------------- STATE BANK OF TRAVANCORE NEDUMKANDOM BRANCH. BY ADV. SRI.SATHISH NINAN, SRI.SANTHOSH MATHEW. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 5079 OF 2008 = = = = = = = = = = = = = = = Dated this the 12th day of February, 2008. J U D G M E N T This writ petition is filed to set aside Ext.P2 and P3 orders. Ext.P2 is an order whereby the Court directed the decree holder, Bank to take steps and Ext.P3 order is the order confirming the sale. Under the provisions of the CPC the judgment debtor can avoid sale, that is, by making a request to set aside the sale by complying with Order 21 Rule 89 or by filing an application under Order 21 Rule 90 CPC for setting aside the sale on the grounds mentioned in the section or by filing an application under Section 47 of CPC on grounds which are not covered by Order 21 Rule 90. Nothing is done in this case within the period which is expected to be done. Even then it is fairly submitted that the Bank is not very much interested in the property but the Bank will be satisfied if the entire decree amount plus the costs, interests and the discount as the auction purchaser W.P.C 5079 OF 2008 -:2:- which it is entitled to under the Rule is paid, the matter can be settled and there can be re-conveyance of the property. It is for the judgment debtor to approach the Bank with such a requisition and the Bank to consider the same. Therefore I dispose of the writ petition with permission to the writ petitioner to approach the Bank for a settlement in the lines suggested above and in order to enable the parties to arrive at a settlement if possible. I direct the decree holder, Bank not to take delivery of the property for a period of two months. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-