IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 7175 of 2008(D) ------------------------- AGAINST THE ORDER IN EP.11/2007 IN ARC.1232/2004 of SUB COURT, HOSDRUG .................... PETITIONER: ------------ 1. N.PRATHEEBHA PRABHU, S/O. LATE N.RAMARAYA PRABHU, RESIDING AT TEMPLE ROAD, NEELESWAR P.O., NEELESWAR, NEELESWAR VILLAGE, HOSDURG TALUK. 2. N.KRISHNANANDA PRABHU, S/O. LATE N.RAMARAYA PRABHU, RESIDING AT TEMPLE ROAD, NEELESWAR, P.O.NEELESWAR, NEELESWAR VILLAGE, HOSDURG TALUK. 3. JAYAKARA PRABHU, S/O. LATE N.RAMARAYA PRABHU, RESIDING AT TEMPLE ROAD, NEELESWAR P.O., NEELESWAR, NEELESWAR VILLAGE, HOSDURG TALUK. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS: ------------- THE NILESHWAR SERVICE CO-OPERATIVE BANK LIMITED, P.O.NILESHWAR, HOSDURG TALUK, REPRESENTED BY ITS SECRETARY. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN,J. ========================= W.P.(C) NO. 7175 OF 2008 ========================= Dated this the 29th day of February 2008 JUDGMENT This writ petition is preferred to give a direction to the subordinate judge, Hosdurg not to confirm the sale till the disposal of Ext.P3 application. I have perused the prayer in Ext.P3 application. The prayer therein is to set aside the sale dated 9.1.2008. The said application is filed on 11.1.2008. Order XXI Rule 92 which deals with the confirmation of sale makes it clear that the sale can be confirmed only when no application is made under Rule 89, Rule 90 or Rule 91 or whether such an application is made and disallowed, the court shall make an order confirming the sale and thereupon the sale shall become absolute. Here is a case where the writ petitioner has filed an application for setting aside the sale. Needless to say that the court has to dispose of that application before it passes an order of confirmation of sale because the confirmation of sale will depend upon the result of the application filed for setting aside the sale. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE css/