IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 6704 of 2008(W) --------------------------------------- PETITIONER: -------------------- P.P.RAMAKRISHNAN, PUTHIYAPURAYIL, KUZHICHAN, NEAR SNAKE PARK, PARASSANIKADAVU. BY ADV. SRI.C.S.SUNIL RESPONDENT: ---------------------- T.R.ANTONY, S/O.RAPHEL, AGED 64 YEARS, KANIYARVAYAL, KALLIASSERI AMSOM, MANGAD DESOM, P.O.MANGAD, KANNUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. --------------------------- W.P.(C) No.6704 OF 2008 -------------------------- Dated this the 26th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ This writ petition is preferred against the order of the Munsiff Court, Thaliparamba in E.A.No.251/2007 in E.P.No.36/2005 in O.S.No.179/99. It was an application filed under Order XXI Rule 83 of Civil Procedure Code. The court after giving cogent reasons had dismissed the application. In the nature of the case, it is desirable to refer to the conduct of the party. Earlier he comes to the court by way of C.R.P.No.856/2006 with a contention that the entire property need not be sold and only a portion of the property be sold. It was allowed by this court. Accordingly, the court below appointed a Commissioner to carve out 10 cents of property and identified it as ABCF in the plan. It is in such a situation the court has ordered sale of the property. I do not find any ground at this stage to grant permission under Order XXI Rule 83 of Civil Procedure Code for private sale . Therefore, the writ petition lacks merits and dismissed. (M.N.KRISHNAN, JUDGE) ps