IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 2292 of 2008(W) ---------------------------------------- PETITIONER: ------------------- CHERAPURATH BASHEER, S/O.AHAMMED, AGED 52 YEARS, BUSINESS, NASEEMA MANZIL, PILAKKOOL, TELLICHERRY-3, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT: ----------------------- CANARA BANK, REP. BY ITS MANAGER, TELLICHERRY, CANARA BANK BRANCH, TELLICHERY-1. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 2292 OF 2008 = = = = = = = = = = = = = = = Dated this the 24th day of January, 2008. J U D G M E N T This writ petition is filed to quash Ext.P5. Judgment debtor is the writ petitioner before me. The Bank has moved an application for sale of the property and the sale is posted on 25.1.08. The decree debt comes to almost Rs.4,20,000/- and the contention of the writ petitioner is that there are 10 quarters in the property and it is having an extent of 10 and ¾ cents and even the sale of half a cent of property will be sufficient for the satisfaction of the decree debt. It is submitted that these objections had not been considered. It is seen that the objection is filed on 20.11.07 and the upset price for this property of 10 and ¾ cents of property is only shown as 5 lakhs. This means that the matter requires consideration. Therefore I direct the Court below to adjourn the sale posted for 25.1.2008 and further direct the judgment debtor to pay an amount of Rs.1 lakh within a W.P.C 2292 OF 2008 -:2:- period of 10 days from today and on payment of that one lakh rupees the objection filed by the judgment debtor be considered and appropriate orders be passed. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-