IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No.36314 of 2008(W) ---------------------------------- OS.101/2001 of SUB COURT, OTTAPPALAM .................... PETITIONER: --------------- C.A.UNNIKRISHNAN, AGED 44 YEARS S/O.APPU GUPTHAN, CHEMPANEPADATH HOUSE ELUMBULLASSERRY P.O.,OTTAPALAM, PALAKKAD. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENTS: ------------------ 1. ANDHRA BANK, PALAKAD REPRESENTED BY ITS BRANCH MANAGER. 2. SAMUEL .T.JOHN, S/O. JOHN AGED 40 YEARS, NAZRETH ANGADI, NELLIKUNNU, TRICHUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.36314 of 2008 ------------------------------------------------ Dated this the 10th day of December, 2008 JUDGMENT Heard the counsel for the petitioner. 2. The petitioner is judgment debtor in O.S.101/01 on the file of the Sub Court, Ottapalam. In execution of the decree passed in the said suit the property belonging to him was brought to sale and the sale was conducted on 08/10/07. Application to set aside sale under Order XXI Rule 90 CPC was filed on 10/12/07. Observing that limitation period of sixty days to assail the sale was over on 07/12/07, the court below dismissed the petition for the reason that it was filed only on 10/12/07. The court below has not taken note of the fact that, 08/12/07 and 09/12/07 were public holidays being second Saturday and Sunday. Hence, the dismissal of the petition filed under order XXI Rule 90 CPC by the W. P. C. No.36314 of 2008 -2- judgment debtor vide Ext.P5 order is unsustainable and is set aside. The question as to whether still the petition will be barred by limitation is for the execution court to consider and for the purpose, setting aside Ext.P5 order, I remand the matter back to the court below. This Writ Petition is thus allowed. All the same, as this Writ Petition is being disposed of without notice to the respondents counsel for the petitioner is directed to produce a copy of this judgment in the court below forthwith with notice to counsel for respondents/decree holder and auction purchaser in the court below. 3. Issue copy of this judgment urgently to the counsel for the petitioner. K.P.BALACHANDRAN, JUDGE kns/-