IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 1660 of 2008(V) ------------------------- AGAINST THE ORDER DATED 13/11/2007 IN EP.43/2004 IN OS.57/1991 of SUB COURT,THODUPUZHA .................... PETITIONERS:JUDGEMENT DEBTORS: --------------------------------------------------------- 1. K.V.BALAKRISHNAN, S/O.VELAYUDHAN, KOORMULLIL HOUSE, CHATTUPARA, ADIMALY P.O. 2. MALLIKA BALAKRISHNAN, W/O.K.V.BALAKRISHNAN, D/O...DO..DO.... BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT:DECREE HOLDER: ------------------------------------------------- STATE BANK OF INDIA, REPRESENTED BY ITS BRANCH MANAGER, ADIMALY. BY SRI. P.V. SURENDRANATH, SC, SBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== W.P.(C) No.1660 OF 2008 ===================== Dated this the 14th day of January 2008 JUDGMENT This writ petition is preferred seeking to set aside the order of sale which stands posted to 16.1.2008. I have perused the writ petition and I am conscious of the fact that the bank is knocking at the doors of the court for realisation of the amount in a suit of the year 1991. But the learned counsel for the petitioners very persuasively submits before me that his clients have the intention to pay the amount and if a breathing time is given, they will do the same in instalments. Learned counsel for the bank submits that the petitioners are the chronic defaulters and therefore they are not entitled much leniency from the court. It is submitted that the petitioners hail from Idukki District and they are only having 96 cents of land and if it is sold, they will be in real distress. 2. Taking into consideration all the facts and circumstances, I am inclined to grant some time for the judgment debtors to wipe off the liability in instalments. Therefore the writ petition is disposed of as follows: (1) Petitioners are directed to pay the decree amount in six equal WP(C)1660/2008 -:2:- monthly instalments commencing from 5.2.2008, (2) If there is default of the payment of the first instalment or any other instalments within the prescribed date, the bank is at liberty to request the court to proceed with the sale and the petitioners herein shall not be entitled to raise any objections and (3)Since the sale is being put off at the instance of the judgment debtors, it has to be treated as their waiving right for a fresh proclamation and therefore the sale can be conducted on the very same proclamation, if need arises on account of the defaulter. The sale posted to 16.1.2008 shall stand adjourned under these circumstances. M.N.KRISHNAN, JUDGE Cdp/-