IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 7156 of 2008(B) ------------------------- AGAINST THE ORDER IN EP.99/2005 IN OS.230/2000 of MUNSIFF COURT, THALIPARAMBA .................... PETITIONER: ------------ KALLAMMARU KUNNEL ANNAMMA GEORGE, W/O.GEORGE, AGED 50 YEARS, KALLAMMARU KUNNEL HOUSE, KOOVERI AMSOM, PADEPENGADU DESOM, KANNUR DISTRICT. BY ADV. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH RESPONDENTS: ------------- ST.MARY'S CITTY FUNDS KARUVANCHAL, REPRESENTED BY ITS PROPRIETOR, VALIYAPARAMBIL ABRAHAM, S/O.SCARIA, AGED 60 YEARS, KOOVERI AMSOM, PADEPENGADU DESOM, KANNUR DISTRICT. BY SRI.C.P.PEETHAMBARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No.7156 of 2008 ------------------------------------------- Dated this the 3rd day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to set aside the sale of the property in E.P.No.99/2005 in O.S.No.230/2000. 2. The learned counsel for the decree holder submits that the sale was over and subsequent to the same, after the period of limitation, the judgment debtor filed E.A.No.291/07 under Order 21 Rule 89 to set aside the sale which was dismissed by the court on 18.1.2008. It is submitted that suppressing the said fact, the present writ petition is filed for setting aside the sale. The procedure for setting aside the sale is contained in Order 21 Rule 89 CPC and Order 21 Rule 90 CPC. For the grounds other than this one has to resort to Section 47 CPC. Without resorting to this one cannot come to this court under Article 227 of the Constitution for setting aside the sale. Therefore, I decline jurisdiction to entertain this petition. 3. But, I am told that the parties are intending to settle the matter out the court. This order will not stand in the way of WPC7156/2008 2 settlement. The parties can certainly execute the documents in accordance with law on satisfaction of the decree holder's due if he so admits. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE csl