IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 25759 of 2008(N) ------------------------------------ PETITIONER : ---------------- P.V.SHAKUNTHALA, D/O.LAKSHMI, RESIDING AT PUTHIYAPARAMBU HOUSE, HOSDURG KADAPPURAM, HOSDURG VILLAGE, POST KANHANGAD, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH SRI.V.SETHUKUTTY AMMA RESPONDENTS : ------------------- 1. H.N.GURUDATH, AGED 61 YEARS, S/O.NAGAPPA, PRASAD HOUSE, AVIYIL HOUSE, POST KANHANGAD, KASARGOD DISRICT. 2. GURUPRASAD, AGED 25 YEARS, S/O.H.N.GURUDATH, PARASAD HOUSE, AVIYIL HOUSE, POST KANHANGAD, KASARAGOD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 25759 OF 2008 ............................................ DATED THIS THE 27th DAY OF AUGUST, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India challenging Ext.P5 order passed by Munsiff, Hosdurg in a petition filed under Rule 90 of Order XXI of Code of Civil Procedure. Under Ext.P5 order, learned Munsiff dismissed the application, rejecting the case of petitioner and there was irregularity in the conduct of the sale. Remedy of the petitioner is to file an appeal as Ext.P5 order is appealable under Order XLIII Rule 1(j) of Code of Civil Procedure. With liberty to challenge the order in an appeal, the writ petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE lgk/-