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. 31290 of 2008(Y) --------------------------------------- OS.NO. 282/2005 OF MUNSIFF COURT, KODUNGALLUR. .................... PETITIONER: ------------------- PADMAVATHI AMMA, W/O. DHAMODHARAN, AANDURUTHI HOUSE, P.O. METHALA, KODUNGALLUR. BY ADV. SRI.K.S.RAJESH, ADV. SRI.M.SHAJU PURUSHOTHAMAN. RESPONDENT: --------------------- KALLYANA DAYINI SABHA (REGD), METHAL THALUK, ANAPUZHA, KODUNGALLUR, REP. BY ITS PRESIDENT SRI. BALACHANDRAN, KALLUPARAMBIL, ANAPUZHA, KONDUNGALLUR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOMAS P. JOSEPH, J. ----------------------------------------- W.P.(C) NO.31290 OF 2008(Y) ----------------------------------------------- Dated this the 23rd day of October, 2008 J U D G M E N T Heard learned counsel for petitioner. 2. Petitioner is the second judgment debtor in E.P.No.555/2007 in O.S.No.282/2005 of Munsiff Court, Kodungallur. Respondent obtained decree for payment of money against petitioner and another. Property of the petitioner is being brought up for sale on 30-10-2008. Grievance of the petitioner is that though petitioner had preferred an objection to the draft sale proclamation stating that the upset price shown in the proclamation is low, without considering that objection and without showing the estimate value of the property offered by the petitioner, the court has issued sale notice. 3. It is seen from Exhibit P2, copy of objection preferred by the petitioner that only a vague contention is raised regarding the value of the property. Petitioner did not produce W.P.(C) No.31290/2008 - 2 - any material to substantiate that contention. There is no reason to interfere with the order of the execution court directing sale of the property. 4. At this stage, learned counsel for petitioner submitted that petitioner is prepared to pay off the amount due under the decree within a period of four months from today. He prays that sale of the property may be deferred during the said period. 5. 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 the amount due under decree. Resultantly, this writ petition is disposed of in the following line:- (i) Petitioner is permitted to pay off the amount due under the decree within a period of three months from W.P.(C) No.31290/2008 - 3 - today. (ii) Learned Munsiff shall defer the sale of the property to a date beyond three months from today. (iii) Petitioner shall file statement in the Munsiff Court, Kodungallur on or before 30-10-2008 to the effect that he waives fresh proclamation for the sale. If the statement is not filed, sale as scheduled can be held. (iv) In case entire decree amount is not paid within the aforesaid time, it will be open to the respondent to bring the property for sale. THOMAS P. JOSEPH, JUDGE skr