IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 5810 of 2008(N) --------------------------------- AGAINST THE ORDER IN EP.NO.68/2006 IN ARC.155/2000 of SUB COURT, MANJERI .................... PETITIONER: ---------------- ABU, AGED 60 YEARS, S/O.MOHAMMED, THENGILAKATH HOUSE, PARAMMAL, AMBALAKKADAVU P.O. KALIKAVU, MALAPPURAM DISTRICT. BY ADV. SRI. P. SAMSUDIN RESPONDENT: ----------------- THE SECRETARY, NILAMBUR TALUK HOUSING CO-OPERATIVE SOCIETY, NILAMBUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- W.P.(C) No.5810 OF 2008 -------------------------- Dated this the 19th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ This writ petition is preferred against the order of the Subordinate Judge, Manjeri in E.P.No.68/2006 in A.R.C.No.155/2000. By the said order the court has directed to proclaim and sell the property by incorporating the valuation of the property by decree holder and by the judgment debtor to 20.2.2008. I cannot find fault with the learned Subordinate Judge for passing such an order in the light of the second provisio to Order 21 Rule 66 (2) of the Code of Civil Procedure. 2. The learned counsel for the writ petitioner submits before me by the recent Government Orders there is a stipulation that interest cannot be charged more than the principal or in other words even if the interest exceeds the principal it must be limited to the principal and orders have to be passed. I think the said aspect has not been brought to the notice of the court below and therefore the re-determination of the amount is called for. 2. Therefore, I direct the court below to defer the sale W.P.(C) No.5810/2008 2 which is posted for 22.2.2008 and I further direct the writ petitioner herein to deposit a sum of Rs.1,00,000/- (Rupees One lakh only) within three weeks from today and also file an objection detailing the concession which he is entitled as per the Government circulars and after hearing both sides the court may fix the amount which the writ petitioner is legally entitled to and thereafter proceed with the sale of the property. If the decree holder and the judgment debtor are amenable for some installment facility this order will not debar the court from considering the matter. The writ petition is disposed of accordingly. (M.N.KRISHNAN, JUDGE) ps