IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WP(C).No. 6191 of 2008(K) ------------------------- AGAINST THE ORDER DATED IN EP. 134 /2006 IN OS.767/2000 of PRL.M.C., KOLLAM .................... PETITIONER: ------------ JAYAPALAN @ NADARAJAN, VARUPURAYIDOM, ULIYAKOVIL CHERRY, KOLLAM EAST VILLAGE. BY ADV. SRI.R.ARUN RESPONDENT: ------------- RADHAKRISHNAN, SASTHA VIHAR, ULIYAKOVIL CHERRY, KOLLAM EAST VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 6191 OF 2008 --------------------- Dated this the 21st day of February, 2008 JUDGMENT This writ petition is preferred against the order of the Munsiff, Kollam, whereby the property is directed to be sold in auction on 23.2.08. 2. The main grievance of the petitioner is that for a decree debt of about Rs.1,29,466/- the property which is worth Rs.25 lakhs is attempted to be sold. It is the residential compound and if the sale materialises, it will cause hardship to him. It is also submitted that he is prepared to pay the amount in instalments. 3. After hearing the learned counsel, I am inclined to grant petitioner some breathing time and also permit him to move the court below for instalment facility, provided the decree holder agrees. Therefore, I direct the court below to defer the sale posted on 23.2.08 by a period of one month. I make it clear that since the sale is adjourned at the request of the writ petitioner, it has to be deemed that right to a fresh proclamation as waived. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps