IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4840 of 2008(A)
1. T.P.ABDUL MAJEED,ANAPPARAKKAL,
... Petitioner
Vs
1. THE STATE BANK OF TRAVANCORE BALUSSERY
... Respondent
2. THE SPECIAL TAHSILDAR, REVENUE RECOVERY
3. MALABAR CHIT FUNDS PVT. LTD ,
4. M/S.M.V.TRADERS, RAMANATTUKARA,
5. K.K.ABDUL MAJEED, AGED 40 YEARS,
6. P.P.IBRAHIMKUTTY,S/O. THURAVAYIKUTTY,
7. HUSSAIAN MASTER,S/O.AYAMMADKUTTY,
8. THE DISTRICT, COLLECTOR
For Petitioner :SRI.P.CHANDRASEKHAR
For Respondent :SRI.R.S.KALKURA
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :11/02/2008
O R D E R
M.N.KRISHNAN, J.
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W.P.(C) No.4840 OF 2008
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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