IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 11216 of 2008(I) -------------------------- AGAINST THE ORDER IN EP. 439 /2005 IN OS.36/2003 of PRL.S.C.,THALASSERY .................... PETITIONER: -------------------- PUTHIYANI KRISHNAN, S/O. KUNJAMBU, AGD 56 YEARS, NISHANTHAM, IRIVELI, KANNUR, (REPRESENTED BY POWER OF ATTORNEY HOLDER T.SANTHA, AGED 53 YEARS, W/O. PUTHIYANI KRISHNAN). BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT: ----------------------- VIJAYAN, S/O. POKKAN, P.O.MAMBA, ANJARAKANDY, KANNUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== W.P.(C) No.11216 OF 2008 ===================== Dated this the 2nd day of April 2008 JUDGMENT This writ petition is preferred with a prayer to set aside Exts.P5 and P6 orders. The petitioner is the judgment debtor in O.S.No.36 of 2003. His property having an extent of 18 cents with a residential building is put up for auction on 7.4.2008. Learned counsel for the petitioner would submit that the total decree debt will come to about Rs.1,63,984/- and sale of a portion of the property will be sufficient to discharge the decree debt. It is true that the objection of the judgment debtor regarding the price is incorporated in the sale proclamation. Time and again the Apex Court as well as this Court has held that only that such extent of property which is necessary for recovering the decree debt need be sold. I find in this case in that angle the court has not applied its mind. Therefore I direct the court below not to conduct the sale on 7.4.2008 and permit the petitioner herein to press for that relief of sale of a portion of the property on condition that the petitioner deposits an amount of Rs.25,000/-(rupees twenty five thousand only) on or before 23.5.2008. The WP(C) 11216/2008 -:2:- petitioner can submit a schedule of property which can be sold and after hearing both sides, the court can decide how much extent of property need be sold. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-