IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 10141 of 2008(G) ----------------------------------------- PETITIONER: ------------------- V.SUNILKUMAR, S/O.VASUDEVAN, ABHIRAMI HOUSE, AITHY, PARANDODE P.O., ARYANAD, TRIVANDRUM, KERALA. BY ADV. SRI.M.BALAGOVINDAN RESPONDENTS: ------------------------ 1. SREE GOKULAM CHIT AND FINANCE COMPANY (P) LTD., NO.49, ARCOT ROAD, KODAMBAKKOM, CHENNAI – 24, REPRESENTED BY ITS FORMAN. 2. PREEJI, ABHIRAMI HOUSE, AITHY, PARADOODU P.O., ARYANAD, TRIVANDRUM, KERALA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== W.P.(C) No.10141 OF 2008 ===================== Dated this the 26th day of March 2008 JUDGMENT This writ petition is preferred for a direction to the Sub Court, Nedumangad to consider Ext.P3 de novo in the light of Ext.P4 and also Ext.P2 receipts within a time limit. It is a transferred decree which is put in execution. Learned counsel would contend that even in the copy supplied to him the schedule of the property is not given and though belatedly he has filed objections on 24.3.2008 he requested that his objection may be considered and the sale may be deferred. It is a charge decree. The court has to apply its mind to find out whether the sale of the entire property is necessary for the purpose of wiping off the liability. Therefore, I direct the court below to defer the sale on payment of an amount of Rs.50,000/-(rupees fifty thousand only) on or before 3.4.2008 and thereafter consider the objections raised by the writ petitioner, fix the upset price and proceed with the matter in accordance with law. In order to WP(C) 10141/2008 -:2:- enable the court to do so, I direct the court below to defer the sale which is posted to 26.3.2008. Writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-