IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 29335 of 2008(P) -------------------------- AGAINST THE ORDER IN E.P 43/2004 IN OS.79/2003 of SUB COURT, SULTHAN BATHERY .................... PETITIONER(S): --------------- 1. ELSAMMA KURIAN @ E.V. ELSAMMA, W/O. A.J. KURIAN, RESIDING AT AMABALATHINKAL HOUSE, P.O. MANALVAYAL, IRULAM AMSOM, SULTHAN BATHERY TALUK, WAYANAD DISTRICT 2. A.J.KURIAN, S/O. JOSEPH, PROPRIETOR, M/S. A.J. TRADERS, AMABALATHINKAL HOUSE, P.O. MANALVAYAL, IRULAM AMSOM, SULTHAN BATHERY TALUK, WAYANAD DISTRICT BY ADV. SRI.RAJESH NAIR RESPONDENT(S): --------------- 1. TAHSILDAR, TALUK OFFICE, SULTHAN BATHERY TALUK, SULTHAN BATHERY, WAYANAD DISTRICT 2. SOUTH MALABAR GRAMIN BANK, IRULAM, REPRESENTED BY ITS MANAGER AND PRINCIPAL OFFICER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 3-10-2008 , THE COURT ON 03/10/2008 DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C) NO. 29335 of 2008 * * * * * * * * * * * * * * * * * * Dated: 3-10-2008 JUDGMENT Petitioners are the judgment debtors in E.P. 43 of 2004 in O.S. 79 of 2003 on the file of the Sub Court, Sulthan Batheri. The principal amount of Rs. 6,47,600 has swelled to Rs. 11,74,219. The petitioner claims to have remitted only a sum of Rs. 1,40,000/- so far. The prayer in this Writ Petition is to set aside the judgment, decree and sale proclamation etc. The said prayer cannot be granted on a mere asking. In case the petitioner deposits a further amount of Rs. 2,00,000/- within one month from today, the executing court shall consider whether the petitioner should be given the benefit of instalment with regard to the balance amount. The sale shall stand adjourned to by one month from today to enable the petitioner to deposit a sum of Rs. 2,00,000/-. In case the petitioner deposits Rs. 2,00,000/- as aforesaid the court below shall consider the W.P.(C) No. 29335 of 2008 -:2:- question of giving the petitioner an instalment facility with regard to the balance amount, after hearing the decree holder as well. This Writ Petition is disposed of as above. V. RAMKUMAR, (JUDGE) ani.