IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 7301 of 2009(O) ----------------------------------- EP. NO.356/06 IN OS.252/2004 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER(S): -------------------------- 1. P.G.SHYAMA PRASAD, S/O.NARAYANA PAI, AGED 41 YEARS, PADIPURACKAL HOUSE, KOVILVATTOM DESOM, ERNAKULAM VILLAGE, COCHIN-35. 2. MINIMOL, W/O.SHYAMAPRASAD, AGED 35 YEARS, PADIPURACKAL HOUSE, KOVILVATTOM DESOM, ERNAKULAM VILLAGE, COCHIN-35. BY ADV. MR.P.M.ZIRAJ RESPONDENT(S): -------------------------- P.C.RAJAN, AGED 41 YEARS, PURACKAPARAMBIL HOUSE, AYMANAM P.O., AYMANAM VILLAGE, KOTTAYAM TALUK. ADV. MR.ABRAHAM JOHN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.BHAVADASAN, J. ------------------------------------- WP(C) No.7301 of 2009-O ------------------------------------- Dated 17th February 2010 Judgment In this Writ Petition, the petitioners seek to have Ext.P3 auction notice quashed and also to grant them instalment facility to pay off the decree debt. 2. This Court, on 22.09.2009 had passed an interim order, subject to certain terms. There has been substantial compliance by the petitioners with the said interim order. It is now pointed out that some more amounts are due as per the decree and that the petitioners are willing to pay the balance amount in six equal monthly instalments. 3. There is no reason why, the above course should not be accepted. Accordingly, this petition is allowed. Ext.P3 auction notice is quashed and the petitioners are permitted to pay the balance decree amount in six equal monthly instalments, the first instalment to be WPC 7301/09 2 paid on or before the 17th of March and the remaining instalments on or before the 17th of the succeeding months. In case of default of any one of the instalments, the decree holder will be entitled to realise the entire balance amount by proceeding in execution. P.BHAVADASAN, JUDGE sta WPC 7301/09 3