This order dismisses a review petition by the petitioner against an interim order in a writ petition concerning limitation for assailing a sale, as the issue requires fresh consideration by the execution court.
Review petition dismissed as the court below had reserved the final decision on limitation for the execution court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN
THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930
RP.No. 3 of 2009(W)
-------------------------------AGAINST THE JUDGMENT IN WPC.36314/2008
REVIEW PETITIONER/SECOND RESPONDENT:
SAMUEL T JOHN, S/O.JOHN AGED 40 YEARS, NAZRETH ANVADI NELLIKUNNU, TRICHUR TALUK.
BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU
RESPONDENTS/PETITIONER/R1:
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.P. Balachandran, J.
R.P.No.3 of 2009 in
W.P.(C)No.36314 of 2008
ORDER
Heard counsel for the review petitioner.
has only pointed out that the observation made by the court below that limitation period of sixty days to assail the sale was over on 7.12.2007; that the sale
was on 8.10.2007 and the application was filed on 10.12.2007 and is therefore barred by limitation, was without taking note of the fact that 8.12.2007 and 9.12.2007 were public holidays being Second Saturday and Sunday and consequently set aside Exhibit P5 order, but observed that the question as to whether still the petition will be barred by limitation is for the execution court to consider and it was for the purpose that the matter was remanded setting aside Exhibit P5 order. The matter can be considered by the execution court afresh and there is no need to review the order in view of the direction so given.
This review petition is, hence, dismissed.
8th January, 2009 (K.P.Balachandran, Judge) tkv
C.A. Unnikrishnan
Andhra Bank, Palakkad
K.P. Balachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
