IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6122 of 2008(D) ------------------------- AGAINST EP. 191/07 IN OS.407/2005 of MUNSIFF COURT,MUVATTUPUZHA .................... PETITIONER: ------------ C.V.KRISHNAN, S/O.LATE VELAYUDHAN, CHOTTAKKARA HOUSE, PALAKKUZHA P.O., DO. VILLAGE, MOOVATTUPUZHA TALUK. BY ADV. SRI.JOSE JOSEPH ARAYAKUNNEL SRI.VARGHESE PARAMBIL RESPONDENT: ------------- THE FEDERAL BANK LTD., REP. BY THE CHIEF MANAGER, FEDERAL BANK, KOOTHATTUKULAM. BY ADV. SRI.GEORGE VARGHESE, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6122 of 2008 APPENDIX PETITIONER'S EXHIBITS EXT.P1- PROCLAMATION OF SALE DATED 2.2.08 EXT.P2- OBJECTION TO THE RULE 66 NOTICE FILED BY THE PETITIONER DATED 2.2.08 EXT.P3- THE ORDER DATED 2.2.08 SETTLING THE PROCLAMATION AND FIXING THE SALE ON 25.2.2008 (TRUE COPY) P.A TO JUDGE M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 6122 OF 2008 --------------------- Dated this the 22nd day of February, 2008 JUDGMENT This revision petition is preferred against the order of the Munsiff, Muvattupuzha, in EP 191/07in OS 407/05 whereby he has ordered sale of the property having an extent of 12 cents on 25.2.08. At my insistence notice has been given to Sri. George Varghese, SC for the Bank. The bank has only proposed to sell a portion of the property. Now the learned counsel for the writ petitioner would submit that he may like to pay the amount, if provided, some breathing time is given. 2. Taking into consideration the year of the suit, year of the EP etc., I feel a breathing time can be given to the judgment debtor to wipe off the liability. Learned counsel for the respondent has strongly objected to the granting of instalment. But as discussed by me earlier since it is comparatively a new suit and a fresh EP, it requires some consideration. Therefore, I dispose of the writ petition with the following directions: WPC NO 6122/08 2 (1) The writ petitioner is permitted to pay the decree amount in ten monthly equal instalments commencing from 27.3.08. (2) If the judgment debtor commits default in making payment of the first instalment and thereafter of two consecutive instalments, he will forfeit the benefit conferred on him. (3) The sale, which is posted on 25.2.08, be deferred in this particular circumstance. M.N.KRISHNAN, JUDGE vps WPC NO 6122/08 3 WPC NO 6122/08 4