IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 RP.No. 3 of 2009(W) -------------------------------- AGAINST THE JUDGMENT IN WPC.36314/2008 .................... REVIEW PETITIONER/SECOND RESPONDENT: SAMUEL T JOHN, S/O.JOHN AGED 40 YEARS, NAZRETH ANVADI NELLIKUNNU, TRICHUR TALUK. BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU RESPONDENTS/PETITIONER/R1: 1. C.A.UNNIKRISHNAN, AGED 44 YEARS S/O. APPUGUPTHAN, CHEMPANEPADATH HOUSE ELUMBULLASSERRY P.O., OTTAPALAM, PALAKKAD. 2. ANDHRA BANK, PALAKKAD REP. BY ITS BRANCH MANAGER. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. -------------------------- R.P.No.3 of 2009 in W.P.(C)No.36314 of 2008 -------------------------- ORDER Heard counsel for the review petitioner. 2. This Court, vide judgment dated 10.12.2008, has only pointed out that the observation made by the court below that limitation period of sixty days to assail the sale was over on 7.12.2007; that the sale was on 8.10.2007 and the application was filed on 10.12.2007 and is therefore barred by limitation, was without taking note of the fact that 8.12.2007 and 9.12.2007 were public holidays being Second Saturday and Sunday and consequently set aside Exhibit P5 order, but observed that the question as to whether still the petition will be barred by limitation is for the execution court to consider and it was for the purpose that the matter was remanded setting aside Exhibit P5 order. The matter can be considered by the execution court afresh and there is no need to review the order in view of the direction so given. This review petition is, hence, dismissed. 8th January, 2009 (K.P.Balachandran, Judge) tkv