IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 4077 of 2010(O) ------------------------- AGAINST THE ORDER DATED 16/01/2010 IN EP 258/2008 IN OS.143/2005 of PRL.MUNSIFF COURT, CHERTHALA .................... PETITIONER : ------------------ CHANDROLBHAVAN, CHANDRABHAVANATHIL, THANNEERMUKKOM MURI, CHERTHALA. BY ADV. MR.J.OMPRAKASH RESPONDENT : -------------------- C.U.KHALID, MANGALATH VEETTIL, VARANAM MURI, VARANAM P.O., CHERTHALA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JVT P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 4077 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 15th day of February, 2010 JUDGMENT This is a petition filed under Article 227 of the Constitution of India seeking for a writ of certiorari to quash Ext.P4 order and also for a direction to the Munsiff's Court, Cherthala to conduct the sale as per Ext.P3 schedule. 2. The petitioner is the decree holder and the respondent is the judgment debtor in O.S. No.143 of 2005 on the file of the Munsiff's Court, Cherthala. The suit is for realization of money. 3. It is pointed out that judgment debtor has only ½ right over the property, so that was sought to be brought to sale. By Ext.P4 order the court below rejected the prayer to sell the share of judgment debtor, though he did not object. 4. The learned counsel for the petitioner pointed out that the court below without any basis has come to a conclusion that value of the share of the property to which W.P.(C) No. 4077/10 2 judgment debtor is entitled will be more than Rs.2 lakhs and therefore, it cannot be allowed. 5. It is not discernible from the order as to on what basis the court below had come to the conclusion that the ½ right of the judgment debtor over the property is more than Rs.2 lakhs. 6. Hence, Ext.P4 order is quashed and the court below is directed to conduct an enquiry into the matter and pass appropriate orders within two months from the ate of receipt of a copy of this judgment. P.BHAVADASAN, JUDGE. mn.