IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 2068 of 2007(U) ------------------------- E.P.NO.97/03 IN OS.387/1997 of PRL.SUB COURT,KOTTAYAM .................... PETITIONER/ JUDGMENT DEBTOR. ------------------------------- SAFIYA BEEGAM, D/O.RAWTHER, KARAVATTU MADATHIL, MANGATHURUTHY KARA, AYMANAM VILLAGE, KOTTAYAM. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): DECREE HOLDER ---------------------------- HIRAN, S/O.SARADAMMA, THANDANKOLAM, LOKAMALESWARA VILLAGE, KODUNGALLORE TALUK. ADV. SRI.BABU KARUKAPADATH FOR R1 SMT.M.A.VAHEEDA BABU FOR R1 SRI.K.A.NOUSHAD FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAE DAY DELIVERED THE FOLLOWING: W.P.(C).No.2068/2007 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF SALE PROCLAMATION. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.2068 OF 2007 ---------------------------- DATED THIS THE 16TH DAY OF JANUARY, 2009 JUDGMENT The judgment debtor in E.P.No.987/2003 in O.S.No.387/1997 on the file of the Sub Court, Kottayam is the writ petitioner. Two grounds are raised in this writ petition; one is that the petitioner has not been served with notice under Rule 66 of Order 21 of the Code of Civil Procedure and the other is that the sale was ordered without settlement of sale proclamation. This Court obtained a report from the Principal Sub Judge, Kottayam, wherein it is reported that notice under Rule 66 of order 21 was served to the judgment debtor. 2. When the matter was taken up for final hearing, the learned counsel for the petitioner requested this Court to permit the petitioner to pay the amount due in 10 equal monthly instalments. The permission sought for is granted. The petitioner shall pay the -2- W.P.(C).No.2068/2007 entire amount due under the decree in ten equal monthly instalments commencing from 15th February, 2009. If the petitioner commits default two instalments consecutively, the instalment facility will not be available to him and the decree holder is at liberty to sell the property as ordered by the court below. Writ petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.