IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 3029 of 2008(I) ------------------------- PETITIONER: ------------ VASU PANICKER, AGED 75 YEARS, S/O. KOCHU KUNJU, VELIYIL VEEDU, VALAVANADU, KALAVOOR P.O., ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: --------------------- 1. THE ALEPPEY CARD BANK LTD.NO.A 94, ALAPPUZHA, REPRESENTED BY ITS MANAGER. 2. THE SPECIAL SALE OFFICER, ALEPPEY CARD BANK LTD.NO.A 94, ALAPPUZHA. 3. BIJU KUMAR, S/O. VASU PANICKER, VELIYIL VEEDU, POLLATHAI P.O., CHERTHALA. R1 & R2 BY ADV.SRI.V.G.ARUN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.3029 of 2008-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of January, 2008. JUDGMENT May be this is a case of unfortunate one, but it is inappropriate to extend the visitorial jurisdiction of this Court to interfere with the sale proceedings initiated under the KSCARD Act. The petitioner offered his immovable property as security for a loan availed by his second son, the third respondent and on default, the mortgaged property is brought to sale invoking the provisions of the KSCARD Act. Therefore, there is no jurisdictional error or legal infirmity. Having regard to the scheme of that Act, it is also inappropriate to direct stay of the impugned proceedings and order recovery from the other assets of the third respondent, though it may be open to the first respondent to WP(C)3029/2008 -: 2 :- consider any request of the petitioner for proceeding against the third respondent also on the ground that he is employed. Under such circumstances, this writ petition is disposed of without prejudice to the right of the petitioner to request the first respondent for any further appropriate action. If the petitioner deposits an amount of Rs.15,000/- within two weeks, the impugned sale shall be adjourned for one month. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/