IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 CRP.No. 266 of 2008() --------------------- AGAINST THE ORDER DATED 20/02/2008 IN EP.15/2006 IN OS.95/1997 of MUNI-MAGI.COURT,MANANTHAVADY .................... REVN. PETITIONER: JUDGMENT DEBTOR/DEFENDANT ------------------------------------------- K.C.THOMAS, S/O.CHACKO, OOLAVALLIKKAL VEEDU, KANHIRANGAD AMSOM P.O., VANJODE, MANANTHAVADY TALUK. BY ADV. SRI.BABU CHERUKARA RESPONDENT: DECREE HOLDER/PLAINTIFF ------------------------------------ KUNNOTHU.K.A.VASU, S/O.ACHUTHAN NAIR, KANHIRANGAD AMSOM DESOM, P.O.VANJODE, MANANTHAVADY TALUK. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- C.R.P.No.266 of 2008 ------------------------------------------- Dated this the 19th day of March, 2008 ORDER This revision petition is preferred against the order of the Munsiff, Mananthavadi in E.P.No.15/06 in O.S.No.95/97. 2. It is submitted that the only property having an extent of 16 cents with a residential building is proposed to be sold on 25.3.2008 and if it materialises the revision petitioner will become shelterless and therefore, prays for leniency and also undertakes that the liability will be wiped off if some time is given. Taking into consideration, the representations and the factum that a person is likely to loose his residential building, I dispose of this revision petition as follows: (i) The revision petitioner is directed to pay the decree amount in three equal monthly instalments. (ii) First instalment is to be paid on or before 11.4.2008. Second instalment on 18.5.2008 and third instalment on 18.6.2008. (iii) If there is a default of the first instalment or of the consequent instalments, he will forfeit the benefit CRP 266/08 2 granted to him and the property can be sold. In the light of the said facility made available to the revision petitioner, the sale which stands on 25.3.2008 shall be adjourned. Since the sale is being adjourned at the request of the revision petitioner, it is held that he is deemed to have waived the right of fresh proclamation. M.N.KRISHNAN, JUDGE csl