IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No.34928 of 2008 (G) ---------------------------------- AGAINST THE ORDER IN EP. 67/2003 IN ARC.166/2002 of MUNSIFF COURT,CHAVAKKAD .................... PETITIONER: --------------- AMMU, AGED 61 YEARS, W/O.KUNJAPPU, R/AT. MADATHILAKAYAL HOUSE, AKALAD DESOM, PUNAYOOR VILLAGE, CHAVAKKAD TALUK. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------------ 1. ASSISTANT REGISTRAR OF CO.OP.SOCIETIES/ ARBITRATOR CUM SALE OFFICER, CHAVAKKAD, THRISSUR 2. CHAVAKKAD TALUK RURAL HOUSING CO.OP. SOCIETY, REG.NO.L344, PAVARATTY, CHAVAKKAD. ADV. SRI.N.J.JOHNSON FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.34928 of 2008 (G) APPENDIX PETITIONER'S EXT:- EXT.P1:- TRUE COPY OF THE ABOVE SALE NOTICE IN E.P.67/03 DT.19/09/05 RECEIVED BY THE PETITIONER. //TRUE COPY// K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.34928 of 2008 ------------------------------------------------ Dated this the 12th day of December, 2008 JUDGMENT Rs.40,000/- is reported to have been deposited in compliance with the order dt.26/11/08. Respondents have also entered appearance through lawyer and counsel on both sides submit that the petitioner can be permitted to discharge the balance debt in four equal monthly instalments beginning with 15th of January, 2009. 2. In the result, I allow the petitioner/ judgment debtor to deposit the balance debt in four equal monthly instalments beginning with 15/01/09. In the event of the petitioner committing default in payment of any monthly instalment on or before the due date, the benefit granted to him to discharge the debt in instalments shall stand forfeited and the decree holder shall be entitled to proceed W. P. C. No.34928 of 2008 -2- with execution from the stage at which the execution stands at present as I have not interfered with the proceedings in the court below in any manner in this Writ Petition other than granting the benefit of instalments as aforesaid on agreement. 3. This Writ Petition is disposed of as above. K.P.BALACHANDRAN, JUDGE kns/- W. P. C. No.34928 of 2008 -3- K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.34928 of 2008 ------------------------------------------------ Dated this the 26th day of November, 2008 ORDER Heard. Counsel for the petitioner submits that the petitioner who is the judgment debtor will make a deposit or payment of an amount of Rs.40,000/- (Rupees Forty Thousand Only) positively within two weeks from today and that she is prepared to make payment of the balance also in instalments. In view of the said submission, petitioner is directed to make payment of Rs.40,000/- (Rupees Forty Thousand Only) to the decree holder/Bank positively within two weeks from today and report the matter to this Court as also to the execution court. 2. In the meanwhile, issue notice to the respondents by speed post with acknowledgment W. P. C. No.34928 of 2008 -4- due and post the case after two weeks. Interim stay of further proceedings in Ext.P1 is granted for a period of three weeks from today. K.P.BALACHANDRAN, JUDGE kns/-