IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 32588 of 2007(D) --------------------------------------- E.P. 53/2005 IN OS.59/2001 OF PRINCIPAL SUB COURT,KOCHI. .................... PETITIONERS: --------------------- 1. K.P.EASY, S/O. PAILY, AGED 65 YEARS, KANDATHIL PARAMBIL HOUSE, KUMBALANGI P.O., KOCHI-682 007. 2. JOHNSON, S/O. JOSEPH, AGED 42 YEARS, PANACKATHARA HOUSE, EDAKOCHI MURI, PALLURUTHY VILLAGE, KOCHI TALUK. BY ADV. SRI.GEORGE MATHEW. RESPONDENT: ---------------------- KALATHARAACHIRA PADASEKHARAM, REG.NO.ER 68/85, PALLURUTHY, REP. BY ITS PRESIDENT, NELSON D'SOUZA, S/O. JOCKEY, PARAKKAL HOUSE, MUNDAMVELI P.O. BY ADV. SRI. V.M. KURIAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32588/2007-D: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE OBJECTIONS FILED BY THE PETITIONERS. EXT.P.2: COPY OF THE ORDER DTD. 23/10/2007. EXT.P.3: COPY OF THE AUCTION SALE NOTICE DTD. 25/10/2007 WITH THE SCHEDULE OF PROPERTY. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 32588 OF 2007 = = = = = = = = = = = = = = = Dated this the 7th day of March, 2008. J U D G M E N T This writ petition is preferred against the order of the Subordinate Judge, Kochi in E.P.53/05 in O.S.59/01. The Court below has ordered sale of 22.400 cents of property situated in Mattancherry by fixing the upset price at Rs.11 lakhs. Learned counsel for the writ petitioners submit that he requested for instalment facility to pay the amount at the rate of Rs.15,000/-which is not agreeable to the decree holder and unless there is a consent this Court cannot grant instalment facility in the light of the provisions of Order 20 Rule 11(2) CPC. Then the question to be decided is whether the entire property is to be sold for the purpose of realisation of Rs.6,00,000/-. The land is situated in a very important locality and as held by the Apex Court and this Court in very many decisions it is observed that the minimum extent of property need be sold so that the judgment debtor is not put W.P.C 32588 OF 2007 -:2:- into unnecessary hardships. I feel considering the locality where the land is situated a direction can be given to the decree holder to proceed with the property having an extent of 5 cents initially and in case the decree debt is not satisfied by selling the five cents permission is granted to the decree holder to proceed against the remaining property for realisation of the balance decree debt. Or in other words, the Court below is directed to defer the sale and the decree holder is directed to submit a fresh draft proclamation showing five cents of land to be sold showing the upset price or market value of the property as the case may be and the Court is directed to sell such five cents first and in case of non-satisfaction to proceed further as stated above. With this observation this writ petition is disposed of. M.N. KRISHNAN, JUDGE. ul/-