IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 32745 of 2008(W) -------------------------- AGAINST THE ORDER IN E.P. NO. 112 /2004 IN AP.28/1999 of DISTRICT COURT, ERNAKULAM .................... PETITIONER: --------------- POULOSE, AGED 36 YEARS, S/O.OUSEPH, PATTAPARAMBIL HOUSE, AYYAMPUZHA, POTTA, ERNAKULAM DISTRICT. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: --------------- 1. M/S.MAHARASHTRA APEX CORPORATION LTD., 2. SHAJI, S/O.ELIAS, PULIMOOTTIL HOUSE, AYYAMPUZHA VILLAGE, POTTA, ERNAKULAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. ===================== W.P.(C) No. 32745 of 2008 ================ Dated this the 6th day of November, 2008. JUDGMENT The petitioner who claims to have purchased the property from the judgment debtor on 22.11.2007, seeks a declaration that the property is not liable to be sold in public auction for realisation of the amount due to the 1st respondent from the 2nd respondent. The proceedings against the 2nd respondent were initiated in the year 1999 and the E.P was filed in the year 2004 as E.P. No. 112 of 2004 in A.P. No. 28 of 1999 before the District Court, Ernakulam. The amount shown in the sale proclamation is Rs.48,223/- which must have swelled to a still higher amount. The petitioner being a transferee, pendente lite cannot claim any equities except depositing the amount due. The case stands posted for sale today. The order confirming the sale shall not be passed for a period of three months within which time the petitioner is given the benefit of depositing the entire amount due under the decree. In case the petitioner deposits the entire amount due under the decree before the court below within three months from W.P.(C) No. 32745/2008 : 2: today, the court shall pass appropriate orders in the matter. In case the amount is not deposited as aforesaid, the sale shall be confirmed without giving the petitioner any further opportunity of being heard. This writ petition is disposed of as above. Dated this the 6th day of November, 2008. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 32745/2008 : 3: