IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 23658 of 2008(N) -------------------------- AGAINST THE ORDER IN EP 125/06 IN ARC.2683/2005 of SUB COURT, TIRUR .................... PETITIONER: ------------ V. PUSHKARAKSHAN, AGED 39, S/O. RAGHAVAN, VETIKUTTATHIL HOUSE, EDAYUR AMSOM, DESOM, P.O. EDANAR, MALAPPURAM. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENTS: ------------- VADAKKUMPURAM SERVICE CO-OPERATIVE BANK, EDAYUR NORTH.P.O, TIRUR TALUK, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.23658 of 2008 ------------------------------- Dated this the 6th August, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India by the judgment debtor in E.P.No.125 of 2006 in A.R.C.No.2683 of 2005, on the file of Sub Court, Tirur, to set aside the sale and to permit petitioner to make payment of the decree debt in instalments. 2. The learned counsel appearing for the petitioner was heard. 3. The writ petition shows that in execution of the award, A.R.C.No.2683 of 2008, immovable property of the petitioner was sold and execution petition is posted to 11.8.2008 for confirmation of sale. Once the property is sold in execution, there cannot be a direction to pay the decree debt in instalments. 4. Remedy of the petitioner is either to file a petition as provided under Rule 89 of Order XXI of Code of Civil Procedure to set aside the sale on deposit of the entire decree debt with costs or to file W.P.(C) No.23658 of 2008 2 a petition as provided under Rule 90 of Order XXI of Code of Civil Procedure to set aside the sale, if there is any irregularity in the conduct of sale. This writ petition is disposed with liberty to the petitioner to move the executing court for appropriate reliefs. If an application is filed by the judgment debtor, executing court to pass appropriate orders, in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE nj.