IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 34354 of 2008(M) --------------------------------------------- EP.50/2007 of SUB COURT, HOSDRUG .................... PETITIONER: KOTTAYI AFSATH, AGED 40 YEARS, W/O.ABDUL RAHIMAN, RESIDING AT AZHEETHALA HOUSE, NILESHWAR VILLAGE, HOSDURG TALUK, P.O.THAIKKADAPPURAM, KASARAGOD TALUK. BY ADV. SRI.C.K.SREEJITH RESPONDENT: NILESHWAR SERVICE CO-OPERATIVE BANK LTD, REP.BY ITS SECRETARY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.34354 of 2008 M -------------------------- JUDGMENT Heard counsel for the petitioner/judgment debtor. I am of the view that in the interest of the respondent, who is the decree holder Bank, also it is advisable that this writ petition is disposed of without notice, but, giving appropriate directions in the matter to the petitioner. 2. Counsel for the petitioner submits that though the prayer in the writ petition is for a direction being given to the Sub Judge, Hosdurg not to sell the scheduled property in execution of the award in E.P.No. 50/07 on the file of that court on the contention that the entire property does not require to be sold for satisfaction of the debt, etc. being a decree charged on the hypothecated property, petitioner wants only a relief granting some time to deposit the decree debt and submits that an amount of Rs.50,000/- will be deposited positively within one month from today and that the entire balance debt would be cleared in another three months. The submission is recored. WPC 34354/08 2 2. In the result, I order that sale of the scheduled property shall stand adjourned on the very same proclamation, as agreed to by the counsel for the judgment debtor, by one month, within which time, the petitioner will deposit Rs.50,000/- towards decree debt. In case the said amount of Rs.50,000/- is so deposited, the judgment debtor will get a further time of three months therefrom to discharge the balance debt and in that event, execution petition can be closed by the court below for all administrative purposes and sale can be conducted thereafter on a fresh proclamation. The decree holder Bank, at its option, shall be entitled also to file a fresh execution petition showing the correct amount due as on the date of moving for realisation of the balance amount, if they so want, in which case, proclamation will have to be settled afresh. The writ petition is disposed of with the above directions. 21st November, 2008 K.P.Balachandran, Judge) tkv