IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WP(C).No. 304 of 2008(J) ----------------------------------- AGAINST THE ORDER IN ACP 5/2003 IN EP.15/2006 OF III ADDL. DISTRICT COURT, ERNAKULAM .................... PETITIONER: ------------------- KESAVAN.A. S/O. AYYAPAN,AGED 67 YEARS CHIRAYARIKIL, KOOLARIKKAL HOUSE, CHUTTUPADIKARA, EDAPPALLY NORTH. BY ADV. SRI.G.HARIHARAN. RESPONDENTS: ----------------------- 1. M/S.INDIA CEMENTS CAPITAL AND FINANCE LIMITTED, STATUS QUO,NO.38, STERLING ROAD CHENNAI- 600 034. 2. M/S. VISMAYA XEROX SERVICES REPRESENTED BY ITS PROP.SAJU EAPEN, NO.413, GANDHI NAGAR, KADAVANTHARA, KOCHI-682020. 3. MR.PRASANNA KUMAR,DOOR NO.31/2063 PONNURUNNI, THAMMANAM P.O.,. COCHIN 682 032. 4. MRS. MANEESHA PRASANNAKUMAR, DOOR NO.31/2063 PONNURUNNI, THAMMANAM P.O.,. COCHIN 682 032. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 304 OF 2008 = = = = = = = = = = = = = = = Dated this the 3rd day of January, 2008. J U D G M E N T This writ petition is preferred whereby it is prayed not to proceed with the sale with respect to the property of the writ petitioner on the ground that he is a coolie and the extent of land is three cents which is a dwelling house. I had perused Ext.P4 counter. It does not specifically state about the factum of entitlement under Section 60(1)(c). In the writ petitioner it is averred as ground 'E' that he is a coolie and therefore he is entitled to exemption under Section 60 (1)(c) of the CPC. Considering the extent of land involved and the contention raised I direct the Court below to defer the sale and permit the writ petitioner herein to file an additional counter and let in evidence in support of the contention that he is entitled to the benefit under Section 60 (1)(c) of the Act. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-