IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 2147 of 2008(E) ------------------------- AS.232/2006 of DISTRICT COURT,KOLLAM E.P.241/06 IN OS.261/2000 of PRL.M.C., KOLLAM .................... PETITIONER: JD -------------------- BENCHAMIN, AGED 57, S/O. XAVIER, KALLUMPURATHU, THARAYIL HOUSE, SAKTHIKULANGARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS: DH & CLAIMANT ---------------------------------------- 1. G.THAMPI, PALAMOOTTIL VEEDU, ELAMPALLOOR CHERRY, MULAVANA VILLAGE, KUNDARA P.O., KOLLAM DISTRICT. 2. K.S.F.E. LTD., REPRESENTED BY ITS BRANCH MANAGER, CHINNAKADA BRANCH, KOLLAM DISTRICT. BY ADV. SRI.M.L.SAJEEVAN, SC, K.S.F.E., LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 2147 OF 2008 = = = = = = = = = = = = = = = Dated this the 17th day of January, 2008. J U D G M E N T This writ petition is filed seeking for a direction to the Munsiff, Kollam to consider and pass fresh orders on petitioner's prayer for installment in Ext.P2 and to keep in abeyance the sale till a decision is taken on Ext.P2. The prayer in Ext.P2 is to make payment in 10 equal installments. There are also other contentions regarding the value of the property and it is submitted in the writ petition that there is a charge on the property in favour of Kerala State Financial Enterprises Ltd. Chinnakkada who is the 2nd respondent in the writ petition. It is also submitted that petitioner is only having half right over the property. So far as it relates to half right it is incorporated in the sale document but no mention is made about the charge of the K.S.F.E. It is a material point which has to be incorporated in the sale proclamation for the reason that if really there is a charge certainly it will affect the value of the property. W.P.C 2147 OF 2008 -:2:- Therefore I direct the Court below to consider the objections raised now and also consider the request of the writ petitioner to make the payment in installments. Till a decision is taken on the same the Court below is directed to defer the sale. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-