This is a petition filed under Article 227 of the Constitution of India seeking the following relief: (i) To set aside the proposed sale of the ¾ undivided share of the 3.8 cents of property comprised in survey No.51/1 of the Taliparamba Village under the possession and enjoyment of the petitioner.
2. The proper remedy of the petitioner is to approach the court below and establish his claim over the suit property and also the fact that his property is not liable to be proceeded with.
3. The grievance of the petitioner is that he received sale notice on 20.10.2014 and sale of the property is scheduled to be fixed on 29.10.2014. The petitioner prays that he may be given a breathing time to file claim petition and till then the sale may be kept in abeyance.
4. In the light of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary.
O.P.(C) No.2454/2014 2 This Original Petition is disposed of directing the court below to keep the sale ordered to be held on 29.10.2014 in abeyance for a period of one week so that the petitioner can take such steps as are necessary and as are available to him in law.
Sd/-
P.BHAVADASAN JUDGE smp