IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 2359 of 2009(E) ------------------------- E.P.NO.165/2007 IN OS.26/2001 of SUB COURT, MAVELIKKARA .................... PETITIONER(S): --------------- 1. YESODHARAN, AGED 50 YEARS, S/O. NARAYANAN, PAPPIL HOUSE, ERUVA MURI, PATHIYOOR VILLAGE. 2. THILAKOM, AGED 43 YEARS, W/O. YESODHARAN, PAPIL HOUSE, ERUVA MURI, PATHIYOOR VILLAGE. BY ADV. SRI.S.MOHANAN RESPONDENT(S): --------------- ANANDAN, AGED 62 YEARS, S/O. MADHAVAN, RESIDING AT CHIRAYIL PADEETTATHIL, ERUVA MURI, PATHIYOOR VILLAGE. ADV. SRI.BABU KARUKAPADATH FOR R1 SMT.M.A.VAHEEDA BABU FOR R1 SRI.P.G.PRAMOD FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 2359/2009 APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S.NO.26/2001 DATED 24.1.2001. EXT.P2: COPY OF E.P.NO.165/2007. EXT.P3: COPY OF THE ATTACHMENT SCHEDULE. EXT.P4: COPY OF AN ADVANCE PETITION FILED BY THE RESPONDENT/DECREE HOLDER FOR ADVANCING THE CASE IN ORDER TO SERVE THE NOTICE DATED 6.12.2007. EXT.P5: COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 17.10.2008. EXT.P6: COPY OF THE PETITION TO ACCEPT THE OBJECTION DATED 17.10.2008. EXT.P7: COPY OF THE PROCLAMATION DATED 2.1.2009. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.2359 of 2009 --------------------------------------------- Dated this the 16th day of February, 2009 JUDGMENT The judgment debtors in E.P. No.165 of 2007 in O.S.No.26 of 2001, Sub Court, Mavelikkara challenge Ext.P7 sale proclamation. The amount sought to be recovered as per the sale proclamation is Rs.3,95,064/-. The court below has fixed an upset price of Rs.55,260/-. In the draft sale proclamation, the decree holder has shown the value of the property at Rs.2 lakhs. In the objections, the judgment debtors stated that the value of the property would be Rs.10 lakhs. 2. The learned counsel for the petitioners submitted that the petitioners are prepared to pay the decree amount in instalments and that a reasonable time may be granted for them to pay the amount. The learned counsel appearing for the decree holder submitted that the maximum period that can be granted is three months. Taking into account the facts and circumstances of the case, I am of the view that the petitioners can be granted permission to pay the decree amount in five equal monthly instalments. It is also stated by the counsel on either side that Rs.75,000/- was paid towards the decree debt by the petitioners. WPC No.2359/2009 2 3. Accordingly, the Writ Petition is disposed of as follows: The petitioners shall pay the balance decree debt to the respondent in five equal monthly instalments. The first instalment shall be paid on or before 31st March 2009. The balance monthly instalments shall be paid on or before 30th of the succeeding months. If default is committed in payment of any of the instalments, execution shall be proceeded with and the property sought to be sold will be sold in auction. If the petitioners comply with the direction to pay the monthly instalments, the execution proceedings shall be kept in abeyance. In case it becomes necessary to auction the property, the court below shall show in the proclamation the value as suggested by the decree holder and the value of the property as suggested by the judgment debtors. It is not necessary to fix any upset price. The decree holder will be entitled to do the needful for incorporating the necessary details in the proclamation, even before any default occurs in payment, so that in the case of default, the property can be proclaimed for sale. K.T.SANKARAN, JUDGE csl