IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 8356 of 2008(T) ------------------------- OS.60/2004 of SUB COURT, VADAKARA .................... PETITIONER: ------------------- A.C.JOSEPH, S/O.CHAKKO, AGED 57 YEARS, ARIMATTAM VAYALIL HOUSE, P.O.VELLIYODU, VELLIYODU AMSOM DESOM, VADAKARA TALUK, KOZHIKODE. BY ADV. SRI.AJITH KRISHNAN RESPONDENT: ---------------------- SOUTH MALABAR GRAMIN BANK, REPRESENTED BY ITS BRANCH MANAGER, VILANGADU, VILANGAD AMSOM DESOM, VADAKARA TALUK, KOZHIKODE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 8356 OF 2008 = = = = = = = = = = = = = = = Dated this the 12th day of March, 2008. J U D G M E N T This writ petition is preferred to quash Ext.P2 and to set aside the auction sale proposed to be conducted in E.P.19/06 of the Subordinate Judge's Court, Vadakara. 2. Heard the learned counsel for the writ petitioner. The grievance of the writ petitioner is that for a debt of about Rs.2,85,000/- the property having an extend of one acre and 75 cents is proposed to be sold on 17.3.2008. According to the petitioner the centage value in that area will come to Rs.40,000/- per cent. Unfortunately these contentions are not seen raised before the Court below and it is only in the writ petition these averments are made. But considering the extent of the land and liability it may not be proper to order sale of the entire extent of the property for the reason that it will cause injustice to the judgment debtor. Therefore I direct the Court below to defer the sale posted on 17.3.2008 W.P.C 8356 OF 2008 -:2:- on the writ petitioner making a payment of Rs.20,000/- on that day and thereafter permit the writ petitioner to file objections to the sale proclamation. The Court should consider it and fix a reasonable upset price or direct the decree holder only to proceed against the property which is necessary for discharging the decree debt. If the amount is not paid on 17.3.2008, the writ petitioner shall forfeit the benefit given to him under this order. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-