IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 WP(C).No. 27466 of 2008(T) -------------------------- PLC.451/2005 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONER: -------------------- 1. S. ELANGO, T.C. 40/1215, A LRA - 88, MANACAUD, THIRUVANANTHAPURAM. 2. SANTHI. B, T.C.40/1215, A LRA - 88, MANACAUD,THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS: ------------- THE DHANALAKSHMI BANK LTD., MANACAUD BRANCH, THIRUVANANTHAPURAM REPRESENTED BY ITS BRANCH MANAGER. BY ADV.NAGARAJ NARAYANAN SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.27466 of 2008 = = = = = = = = = = = = = = Dated this the 15 th day of September, 2008 JUDGMENT Heard the learned counsel for the petitioners as well as the learned counsel for the respondent-Bank. 2. The liability of the petitioners as per the Execution Petition filed on 17.01.06 is Rs.3,73,729/- (Rupees three lakhs seventy three thousand seven hundred and twenty nine only) and interest thereon. It is submitted that the amount due from the petitioners as on today will be approximately Rs.4.5 lakhs. The petitioners are given the benefit of wiping out the decree debt by way of equal monthly instalments at the rate of Rs.50,000/- (Rupees fifty thousand only) per month. The 1st instalment shall be deposited before the Execution Court on or before 29.9.08. The subsequent instalments shall be deposited on or before the 29th of the subsequent months. In case the petitioners commit default of any of the instalments, the decree amount shall be payable in one lumbsum, within one month of the default and consequently the respondent Bank shall be entitled to fall back W.P.(C)No.27466 of 2008 2 upon Ext.P2 order for sale dated 16.8.2008 without any fresh proclamation. The proceedings for sale shall be kept in abeyance until the petitioners discharge their liability under the decree as aforesaid and subject to the conditions mentioned hereinabove. This Writ Petition is disposed of as above. Dated this the 15 th day of September, 2008. V. RAMKUMAR, JUDGE sj