IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 21311 of 2008(K) ------------------------------------- AGAINST THE ORDER IN EP.463/2005 IN OS.144/2001 of SUB COURT,THRISSUR .................... PETITIONER/1ST JUDGMENT DEBTOR : -------------------------------------------------------- P.K. SRINIVASAN, S/O. KUNHUKUTTAN, AGED 40 YEARS, PASHNATH HOUSE, P.O. CHITTANJERE, ANTHAT VILLAGE, THALPPILLI TALUK. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT/DECREE HOLDER : ------------------------------------------------ CATHOLIC SYRIAN BANK LTD., KUNNAMKULAM BRANCH, REP. BY ITS MANAGER. BY ADV.SRI.C.A.JOY, SC - R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: pac M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P(C). NO. 21311 OF 2008 ------------------------------------------ Dated this the 18th day of July, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India seeking permission to pay the decree debt in O.S. 144 of 2001 on the file of Sub Court, Thrissur in instalments. 2. Learned counsel appearing for petitioner and learned standing counsel appearing for respondent were heard. 3. It is admitted by the learned counsel appearing for petitioner that pursuant to the execution petition the property was sold in execution and the sale was confirmed. In such circumstances, there cannot be any direction as sought for to pay the decree debt in instalments. 4. Learned standing counsel submitted that petitioner is not legally entitled to get any relief in the petition. Still if petitioner deposits the entire amount due with interest and files a representation before the respondent bank without further delay, for retransferring the property it will be sympathetically considered. Learned standing counsel also submitted that property has already been taken delivery on 14.7.2008. Recording the submission writ petition is dismissed. M. SASIDHARAN NAMBIAR, JUDGE Okb/-