IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 32684 of 2008(N) -------------------------- OS.328/2002 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): ------------------------ K.L. DEVASSY, AGED 52 YEARS, S/O. LONAPPAN, KADAVI HOUSE, MINI STADIUM ROAD, P.O. ANCHERY, THRISSUR DIST. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S): ---------------------------- STATE BANK OF INDIA, KURIACHIRA BRANCH, KURIACHIRA P.O., THRISSU, REPRESENTED BY ITS BRANCH MANAGER. ADV.SRI.P.V.SURENDRANATH , SC FOR SBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.32684 of 2008 = = = = = = = = = = = = = = Dated this the 6 th day of November, 2008 JUDGMENT Heard both sides. 2. Petitioner is the judgment debtor in a money suit filed as O.S.No.328/2002 on the file of the II Addl.Sub Judge, Thrissur. The decree holder is the Kuriachira branch of the State Bank of India. Eventhough the learned standing counsel for the respondent/ Bank prayed for time to take instructions, in view of the proposed disposal of the writ petition, I do not think that any time need be granted for instructions. 3. The aforesaid suit ended in an award passed by the Lok Adalath functioning under Taluk Legal Services Committee, Thrissur. The award was passed on 17.11.06. Since the petitioner did not comply with the terms and conditions of the award, the decree holder filed an Execution Petition as E.P.No.269/2007. The amount shown in the E.P. is 6,16,260/-. The property which is put up for sale is 23 cents of land together with a double storeyed residential building thereon. According to the petitioner, he is an ex-military person and he is unable to W.P.(c).No.32684 of 2008 2 discharge the decree debt unless he is permitted to effect sale of the property through private sale. The petitioner prays for 6 months' time to effect a private sale. Having regard to the fact that the suit is of the year 2002, I am not inclined to grant 6 month's time prayed for. However, I am inclined to grant 4 months' time to the petitioner to effect a private sale of the property which is put up for sale. The provisions under Order 21 Rule 83 C.P.C. supports the view I am taking. 4. Accordingly, the petitioner is permitted to sell the decree scheduled property proclaimed for sale by private sale for an amount of not less than 10 lakhs and deposit the entire amount due under the decree before the E.P.Court within the said four months' period. If the petitioner does not take advantage of the privilege granted hereinabove, it shall be open to the Bank to put up the entire property for sale without any fresh proclamation. Dated this the 6 th day of October, 2008. V. RAMKUMAR, JUDGE sj