IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 2786 of 2009(F) ------------------------- PETITIONER(S): ---------------------- V.C. KRISHNAN ACHARI, USHA BHAVAN, KAMBAZHA MURI, PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN -689 645. BY ADV. SRI.P.VIJAYAKUMAR RESPONDENT(S): ------------------------ 1. DEPUTY COLLECTOR (RR), KSFE LTD, THRISSUR. 2. SPECIAL DEPUTY TAHSILDAR (RR), KSFE LTD, KOLLAM0691 001. 3. BRANCH MANAGER, KSFE LTD, NSS UNION BUILDINGS, PATHANAMTITTA-689 001. R1 BY GOVT. PLEADER SRI. BEJOY CHANDRAN. R2 & R3 BY SC KSFE SRI. HARIHARAPUTHRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 2786 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of January, 2009 JUDGMENT Petitioner availed a loan. It was not repaid. Petitioner challenges Ext.P5. Ext.P5 is a sale notice. Petitioner filed Ext.P1 insolvency petition on the file of the Subordinate Judge's Court, Pathanamthitta and he obtained an order against recovery. It is pointed out that the insolvency petition was dismissed for default on 29.11.2008 and thereafter the petitioner has filed an application for restoration as Ext.P4 and in the meantime Ext.P5 sale notice is issued. 2. I heard learned counsel for the petitioner and learned counsel appearing on behalf of the third respondent besides the learned Government Pleader. 3. It is pointed out by the learned counsel for the petitioner that there is an order from 2001 and it is only because the case was dismissed for default, Ext.P5 is issued and petitioner already moved an application for restoration. Having considered the situation, the proceedings pursuant to Ext.P5 is deferred to 18.2.2009. Learned counsel for the petitioner submits that the petitioner will not raise a contention based on the non-issuance of WPC. 2786/2009. 2 notice. I also make it clear that it is open to the petitioner to move the civil court in the meantime for appropriate orders. Further proceedings pursuant to Ext.P5 will depend upon the orders to be passed by the civil court. The writ petition is disposed of as above. (K.M. JOSEPH, JUDGE) sb