IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 7459 of 2008(K) ------------------------- AGAINST THE ORDER DATED 4/2/2008 IN E.A.25/08 IN E.P.142/05 of MUNSIFF COURT, HOSDRUG .................... PETITIONER: ------------ A.NARAYANAN, AGED 53 YEARS, SON OF P.KUNHAMBU, VELLAMTHATTA HOUSE, P.O.RAVANEESWARAM, KASARAGOD DISTRICT. BY ADV. SRI.K.KESAVANKUTTY RESPONDENT: ------------- THE HOSDURG HOUSING CO-OPERATIVE SOCIETY LTD,. HOSDURG, P.O.KANHANGAD, KASARAGOD DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ---------------------- W.P.(C)No. 7459 OF 2008 ----------------------------- DATED THIS THE 4TH DAY OF MARCH, 2008 J U D G M E N T This writ petition is filed with a prayer to set aside the sale held on 17.7.2006. By my order in the previous writ petition, I had granted permission to the writ petitioner to approach the Bank with a prayer to reconvey the property and the Bank may on consideration of the entire materials and relevant facts to decide whether to reconvey the property on receipt of the amount. I have been informed that by negotiation they have agreed to settle the matter on further payment of Rs.95,000/=. There was also a direction given by me to show leniency. But this Court cannot set aside the sale because the Court can set aside the sale only under Order XXI Rule 89 or Order XXI Rule 90 or Section 47 CPC for which there is time limit and specific grounds. So, if the parties have settled the matter, the only method is to reconvey the property. Since it is submitted that the matter has already been settled between the parties, I direct W.P.(C)No. 7459/08 the Court below not to effect delivery of the property for a further period of six weeks so as to enable the decree holder and the judgment debtor to execute proper documents reconveying the property to the judgment debtor in which case, delivery of the property may not arise at all. The amount due to the bank which is under deposit shall be permitted to be withdrawn by the bank in the event of final settlement between the parties. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE. dsn