IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 4120 of 2009(M) ------------------------- E.A.NO.57/2002 IN E.A.NO.240/2001 IN E.P.NO.49/99 IN O.S.NO.76/98 ON THE FILE OF THE MUNSIFF COURT, PATTAMBI PETITIONER(S): ------------------- BASHEER, S/O.ABOOBACKER PARALICKAL HOUSE, MEZHATHUR, OTTAPALAM TALUK. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH SRI.A.S.SABU SRI.BENOJ C AUGUSTIN RESPONDENT(S): ----------------------- 1. VILASINI, W/O.LATE CHANDRAN IRUDUKAVIL, KALADITHARA, KUTTUPPALAM, PONNANI, MALAPPURAM DISTRICT. 2. SHEELA, D/O. LATE CHANDRAN IRUDUKAVIL, KALADITHARA, KUTTUPPALAM, PONNANI, MALAPPURAM DISTRICT. 3. SHAJAN, S/O. LATE CHANDRAN IRUDUKAVIL, KALADITHARA, KUTTUPPALAM, PONNANI, MALAPPURAM DISTRICT. 4. SHEEJA, D/O. LATE CHANDRAN IRUDUKAVIL, KALADITHARA, KUTTUPPALAM, PONNANI, MALAPPURAM DISTRICT. 5. SHANILKUMAR, S/O.LATE CHANDRAN IRUDUKAVIL, KALADITHARA, KUTTUPPALAM, PONNANI, MALAPPURAM DISTRICT. 6. SHAJIL, S/O. LATE CHANDRAN IRUDUKAVIL, KALADITHARA, KUTTUPPALAM, PONNANI, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.4120 of 2009 --------------------------------------------- Dated this the 6th day of February, 2009 JUDGMENT In this Writ Petition, the petitioner judgment debtor challenges Ext.P4 order dated 21st January 2009 in E.A.No.57/02 in E.A.No.240/01 in Execution Petition No.49/99 in Original Suit No.76/1998 on the file of the Court of the Munsiff Magistrate of Pattambi. By the order impugned, the court below dismissed the application for condonation of delay filed under Section 5 of the Limitation Act in filing the application under Rule 90 of Order XXI of the Code of Civil Procedure. 2. The court auction sale was held on 28.5.2001. The application to set aside the sale was filed only on 27.5.2002. Under Article 127 of the Limitation Act, the period of limitation provided for filing an application to set aside a sale in execution of a decree is 60 days from the date of sale. The petition is hopelessly barred by limitation. Section 5 of the Limitation Act is not applicable to proceedings for execution as the Section itself is clear that it can be invoked only in respect of an WPC No.4120/2009 2 application other than an application under any of the provisions of Order XXI of the Code of Civil Procedure. It is well settled that the executing court cannot condone the delay in filing the application under Order XXI Rule 90 of C.P.C. The court below rightly dismissed the application. No interference is called for. The Writ Petition is dismissed. K.T.SANKARAN, JUDGE csl