IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 20043 of 2008(J) -------------------------------------- (O.S.112/2002 OF MUNSIFF MAGISTRATE COURT,PERINTHALMANNA) .................... PETITIONER: ------------------- U.VEERAN, S/O.KUNJUMOHAMMED, ULANGADAN HOUSE, KOOTTILANGADI VILLAGE, KOZHINJI DESOM KOLAPPARAMBA, MALAPPURAM. BY ADV. SRI.V.RAJENDRAN. RESPONDENT: ---------------------- THE BRANCH MANAGER, CATHOLIC CYRIAN BANK,MAKKARAPARAMBA BRANCH, MALAPPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P(C). NO. 20043 OF 2008 ------------------------------------------ Dated this the 3rd day of July, 2008 JUDGMENT Petitioner is the judgment debtor. This petition is filed to set aside the order passed by the executing court to sell the property and to direct the executing court to permit the petitioner to pay decree debt in ten equal monthly instalments. Petitioner did not produce the order of the court directing proclamation and sale. In such circumstances it is not known when the property was directed to be proclaimed for sale and whether court has considered the objection raised by the respondent. In the absence of production of the order correctness of order cannot be decided. 2. After the date of decree judgment debtor is not entitled to seek an instalment decree. Petitioner could be permitted to discharge the decree debt in instalments subsequent to the decree, only with the consent of the decree holder. Petitioner is at liberty to apply before the executing court for permission to pay the decree debt. If petitioner pays a WPC20043/2008 2 substantial portion of the decree debt and apply before the executing court to grant an opportunity to pay off the liability, executing court to adjourn the sale so that petitioner could discharge the decree debt. Writ petition is disposed of as above. M. SASIDHARAN NAMBIAR, JUDGE Okb/-