IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 31264 of 2008(V) --------------------------------------- (E.P.NO.340/2007 IN O.S. NO.600/2003 OF 1ST ADDL. SUB COURT, THRISSUR) ............ PETITIONER: ------------------- BHASKARAN, S/O. SIDDU PAWAR, AGED 58 YEARS, PAWAR HOUSE, MISSION QUARTERS, THRISSUR-5. BY ADV. SRI.SHOBY K.FRANCIS. RESPONDENT: --------------------- AYODHYA JEWELLERS, MUNICIPAL OFFICE ROAD, THRISSUR-1, REPRESENTED BY ITS MANAGING PARTNER, SADHASIVA SAIT,M S/O. SIDDHU PAWAR, PAWAR HOUSE, MISSION QUARTERS, THRISSUR-5. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. ------------------------------------------------------ W.P.(C) NO.31264 OF 2008 ------------------------------------------------------ Dated this the 23rd day of October, 2008 O R D E R Heard the learned counsel for the petitioner. 2. Petitioner suffered a decree for payment of money in O.S.No.600/2007 of First Additional Sub Court, Thrissur. Respondent launched execution as per E.P.No.340/2007. It is stated that property is going to be sold on 25-10-2008 for a much lesser amount than the actual value of the property. Further contention is that petitioner has already taken steps to get the ex- parte decree set aside and the applications to that effect are pending before that court. 3. Learned counsel for the petitioner submitted that petitioner is prepared to pay off the decree amount, within a period of three months from today. He prays that sale of the property may be deferred during the said period. W.P.(C) No.31264/2008 - 2 - 5. Petitioner is not pursuing with the contentions raised in this writ petition. Now, his request is only to permit him to pay off the decree amount, within a period of three months. In the facts and circumstances of the case and considering the amount involved, I am inclined to grant three months' time to the petitioner to pay off the decree amount. Resultantly, this writ petition is disposed of in the following line:- (i) Petitioner is granted three months' time from today to pay off the entire amount due as per the decree in O.S.No.600/2003 of First Additional Sub Court, Thrissur. (ii) Learned First Additional Sub Judge shall defer the sale of the property to a date beyond three months from today. W.P.(C) No.31264/2008 - 3 - (iii) Petitioner shall file an undertaking in the First Additional Sub Court, Thrissur on or before 25-10- 2008 to the effect that he waives fresh proclamation for the sale. If that undertaking is not filed, sale as scheduled can be held. (iv) In case entire decree amount is not paid within the time aforesaid, it will be open to the respondent to bring the property for sale. THOMAS P. JOSEPH, JUDGE skr