IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 9902 of 2008(D) ------------------------- AGAINST THE ORDER IN EP.NO.419/2003 IN OS.187/1999 of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER: ---------------------- SHAIJA NAZER, D/O.NAIDATHPARAMBIL SAIDALI, KIZHUPULLYKARA DESOM, KATOOR VILLAGE, W/O.PADIYATH KARKIDAKAVALLIYIL MUHAMMED NAZER, ERIYAD VILLAGE DESOM, KODUNGALLUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT: ------------------------ AJAYAGHOSH, S/O.AVINIPPILLY KRISHNANKUTTY, S N PURAM VILLAGE, KODUNGALLUR TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 9902 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of March, 2008. J U D G M E N T This writ petition is preferred with a prayer not to conduct the sale on the basis of Ext.P2 unless the sale proclamation is amended in conformity with the reduction of the proposed property to be sold, in the interest of justice. The sale proclamation available before this Court would reveal that out of the total extent of 33 cents of property 8 cents of property occupied by the kudikidappu and the land attached thereto has been excluded and 25 cents is sought to be sold in auction. The learned counsel for the writ petitioner submits before me that the Court has further accepted his request for sale of 8 cents of property and it is the proposed land that is to be sold in auction. When a lesser extent of property other than what is shown in the draft proclamation is to be sold unless and until there is a specific description of the property with the details and boundaries it may be practically impossible to identify the W.P.C 9902 OF 2008 -:2:- property at a later stage. It is a must for issuance of a sale certificate as well as for delivery of the property. Therefore I direct the Court below to direct the decree holder to furnish a schedule showing eight cents of land with the boundaries which is proposed to be sold. Meanwhile it is also submitted that the judgment debtor is prepared to pay the amount in five monthly equal instalments which also can be considered by the Court. Therefore the writ petition is disposed of as follows. (1) Proposed sale on 27.3.2008 to be deferred and the decree holder be directed to incorporate the schedule of eight cents of property with boundaries therein showing the upset price for sale. (2) If the decree holder consents or the Court feels it is necessary it may also give instalment facility to the judgment debtor to wipe of the liability so that the sale of the property be averted The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-