IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 4840 of 2008(A) ------------------------------------ PETITIONER: ------------------ T.P.ABDUL MAJEED,ANAPPARAKKAL, UNNIKKULAM PO, UNNIKKULAM AMSOM KANTHAPURAM DESOM, QUILANDY TALUK,KOZHIKODE DISTRICT PIN 673 574. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: ----------------------- 1. THE STATE BANK OF TRAVANCORE BALUSSERY BRANCH, PO, BALUSSERY, KOZHIKODE DISTRICT PIN 676 3612.. 2. THE SPECIAL TAHSILDAR, REVENUE RECOVERY VATAKARA PIN 673 101. 3. MALABAR CHIT FUNDS PVT. LTD , 3RD FLOOR, RAMAPURAM BRANCH, JAYANTI BUILDINGS, KOZHIKODE , REPRESENTED BY ITS ASSISTANT MANAGER PION 673 001. 4. M/S.M.V.TRADERS, RAMANATTUKARA, KOZHIKODE, REPRESENTED BY ITS PROPRIETOR M.VEERANKUTTY,S/O. KUNHIMOOTTY,RAMANATTUKARA PIN 673 633. 5. K.K.ABDUL MAJEED, AGED 40 YEARS, S/O. AYMMAD HAJI, KACHILIKKALAYIL, UNNIKKULAM PO, QUILANDY TALUK KOZHIKODE DISTRICT PIN 673 574. 6. P.P.IBRAHIMKUTTY,S/O. THURAVAYIKUTTY, PARANNAPARAMBIL,UNNIKKULAM,PO QUILANDY TALUK KOZHIKODE DISTRICT PIN 673 574. W.P.(C) NO.4840/2008 7. HUSSAIAN MASTER,S/O.AYAMMADKUTTY, UNNIKKULAM,PO QUILANDY TALUK KOZHIKODE DISTRICT PIN 673 574. 8. THE DISTRICT, COLLECTOR KOZHIKODE 676 001. BY SR. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN BY ADV. SRI.R.S.KALKURA - SC, SBT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- W.P.(C) No.4840 OF 2008 -------------------------- Dated this the 11th day of February, 2008 J U D G M E N T This writ petition is preferred with a prayer to direct the Subordinate Judge, Quilandy to consider and pass orders in Ext.P3 and to keep in abeyance the sale of the petitioner's property as per Ext.P2 notice. The grievance of the writ petitioner is that he has filed an application under Insolvency Act as I.P.No.1/2007 and it is pending before the Subordinate Judge, Quilandy. Now the property is sought to be sold in execution of a decree and if materialise without considering the objections under Ext.P3, it will result in injustice and therefore prays for a direction to the court to consider Ext.P3 and thereafter only to order sale. There is some force in the said contention. So I direct the learned subordinate judge, Quilandy to consider the objections raised by the judgment debtor under Ext.P3 and pass appropriate orders. In the light of this direction the sale which is posted on 12.2.2008 be deferred till decision is taken after considering Ext.P3 objection. The writ petition is disposed of as above. (M.N.KRISHNAN, JUDGE) ps