IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 2952 of 2008(B) ------------------------------------ AGAINST THE ORDER DATED / / IN EA.1903/06EP.754/04 IN OP.47/2004 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER: ------------------ EASY KURIES AND LOANS OLARIKKARA DESOM, ARANATTUKARA VILLAGE, THRISSUR, REPRESENTED BY MANAGING PARTNER K.P.JOY, S/O.PYLOTH, 48 YEARS. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: ----------------------- 1. THE MANAGER, FEDERAL BANK, OLARIKKARA BRANCH, PULLAZHI P.O., THRISSUR. 2. FRINTO FRANCIS, S/O.FRANCIS, KALIYANKARA HOUSE, PULLAZHI, THRISSUR. 3. ANNIE FRANCIS, W/O.FRANCIS, KALIYANKARA HOUSE, PULLAZHI, THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 2952 OF 2008 = = = = = = = = = = = = = = = Dated this the 24th day of January, 2008. J U D G M E N T This writ petition is preferred against the order of the Subordinate Judge, Thrissur in E.A.1903/06 in E.P.754/04 in O.P.47/04. It is an application filed to condone the delay of 113 days in filing the petition to set aside the sale. It is explicitly clear from the various provisions under the Code of Civil Procedure and the Limitation Act that a petition for setting aside sale has to be filed within 60 days from the date of sale. It is also made clear under the provisions of the Limitation Act that the provisions of the Limitation Act are not applicable to the execution proceedings. So the order passed by the learned Subordinate Judge that delay cannot be condoned is perfectly right and it cannot be interfered with. Therefore the writ petition is dismissed. M.N. KRISHNAN, JUDGE. ul/-