IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WP(C).No. 21471 of 2009(O) -------------------------- AGAINST THE ORDER IN EP 34/ 2003 IN OS.336/1998 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): -------------------------- DAISY,W/O. PULIKKOTTIL MATHEW, AYYANTHOLE VILLAGE & DESOM, THRISSUR TALUK. BY ADV. MR.MILLU DANDAPANI RESPONDENT(S): ---------------------------- SAKTHAN KURIES LOANS (P) LTD. CHEMBOOKAVU VILLAGE,THRISSUR. BYADVS. MR.G.SREEKUMAR (CHELUR), SMT.PREETHY KARUNAKARAN, MR.K.RAVI (PARIYARATH). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.21471 OF 2009 (O) ----------------------------------- Dated this the 22nd day of September, 2009 J U D G M E N T The writ petition is filed challenging an order passed by the execution court dismissing an application moved by the petitioner/judgment debtor under Order XXI Rule 90 of the Code of Civil Procedure to set aside the sale. The order impugned is open to an appeal as provided under Order XLIII Rule 1 (j) of the CPC. Noticing that such a statutory appeal is provided to challenge the order, the learned counsel for the petitioner sought permission to withdraw the writ petition with liberty to file an appeal as provided under the CPC. The counsel also requested for having exemption for the period during which the writ petition was prosecuted before this Court. It is for the court before which appeal is presented, that has to consider the eligibility of the petitioner for exemption under Section 14 of the Limitation Act. However, I direct the court concerned, if at all, an appeal is preferred WPC.21471/09 2 against the order impugned, to consider the exemption canvassed under Section 14 of the Limitation Act, noting that he has prosecuted the petition bona fidely before this Court. Subject to the above observations and reserving the right of the petitioner to challenge the impugned order as provided by law, the writ petition is closed. S.S.SATHEESACHANDRAN JUDGE prp