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. 4999 of 2008(T) ------------------------------------- PETITIONER: ------------------- SMT. E.PANKAJAKSHI, AGED 65 YEARS, W/O M.BALAKRISHNAN NAIR, RESIDING AT MULLERI HOUSE PERUMANNA AMSOM, PUTHUR DESOM, P.O. PANTHIRANKAVU, KOZHIKODE-19. BY ADV. SRI.P.K.JOSE. RESPONDENT: ---------------------- K.V. SREEDHARAN NAIR, AGED 68 YEARS, S/O. APPU NAIR, RESIDING AT AMBADY, KUTTYKATTOOR VILLAGE, VELLIPARAMBU DESOM, P.O. VELLIPARAMBU, KOZHIKODE-8. BY 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. 4999 OF 2008 = = = = = = = = = = = = = = = Dated this the 12th day of February, 2008. J U D G M E N T This writ petition is preferred to set aside Ext.P2 order in E.A.881/07 and for a further direction to the Court below not to effect delivery of the property in question. Ext.P2 is an order whereby the Court below has refused to issue a Commission for valuation of the property in view of the dismissal of E.A.709/07. The subject matter deals with the sale of the property of the writ petitioner. The property was sold and the sale was confirmed and after the statutory period with a petition to condone the delay an application was filed to set aside the sale. Since the provisions of Section 5 of the Limitation Act specifically bars its application to execution proceedings under Order 21, the Court did not entertain the application. One cannot find fault with it because it has only complied with the statutory requirement. When it is so there is no point in issuance of a Commission to W.P.C 4999 OF 2008 -:2:- assess the value of the property because there is no pending proceedings before the Court. There is nothing illegal with the order of the Court below. Therefore the writ petition lacks merit and it is dismissed. Since it is submitted that it is a residential house and if the delivery is already not effected till 11.30 a.m. on 12.2.2008, the Court below is directed to defer the delivery till 26.2.2008. The Court may also issue copies applied for in the mean time. M.N. KRISHNAN, JUDGE. ul/-