IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 23425 of 2009(O) -------------------------- EP NO.48/2008 IN OS.40/2003 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): --------------- V.K.JAYARAJAN, AGED 50, S/O.KELU, VENGALI HOUSE, THALIKULAM, THRISSUR, PROPRIETOR ELITE PRINTERS, THALIKULAM, THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- THE CATHOLIC SYRIAN BANK LTD., THALIKULAM BRANCH, REP.BY ITS MANAGER, THALIKULAM P.O., THRISSUR. ADV. SRI.JACOB SEBASTIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.23425/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF EP NO.48/08 IN OS 40/2003 ON THE FILE OF 2ND ADDL. SUB COURT, THRISSUR DATED 2.2.2008 XT.P2 TRUE COPIES OF THE RECEIPTS EVIDENCING PAYMENT OF AMOUNT BY THE PETITIONER ON DIFFERENT DATES EXT.P3 TRUE COPY OF THE STATEMENT FOR PAYMENT OF RS.40,000/- DATED 4.7.2009 EXT.P4 TRUE COPY OF THE SALE PROCLAMATION ISSUED BY THE 2ND ADDL.SUB COURT, DATED 15.7.2009 EXT.P5 TRUE COPY OF THE OBJECTIONS/REPRESENTATION SUBMITTED BY THE PETITIONER TO THE DRAFT SALE PROCLAMATION DATED 30.6.2009 EXT.P6 TRUE COPY OF THE ORDER PASSED BY THE LEARNED 2ND ADDL.SUB JUDGE IN E.P.NO.48/2008 IN OS 40/2003 DATED 13.7.2009 //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.23425 of 2009 -------------------------------------- Dated this the 28th day of May, 2010. JUDGMENT Petitioner is a judgment debtor in E.P.No.48 of 2008 in O.S.No.40 of 2003 of the court of learned Additional Sub Judge-II, Thrissur. For realisation of amount due under the decree respondent launched execution and brought property of petitioner for sale. Ext.P4 is the proclamation schedule as per which value of the property is fixed as Rs.2,00,000/- and the amount due from the petitioner is stated to be Rs.9,12,487/-. As per Ext.P6, order, executing court directed sale of the property on 22.08.2009. Exts.P4 and P6 are under challenge in this proceeding. At the time of hearing learned counsel for petitioner submitted that petitioner is willing to pay the amount due under the decree within ten months. Having regard to the facts and circumstances I am inclined to grant time to the petitioner to discharge the liability. Resultantly this Writ Petition is disposed of in the following lines: i. Petitioner is permitted to pay the amount due under the decree in ten equal monthly installments beginning from 01.06.2010 by deposit in the executing court. WP(C) No.23425/2009 2 ii. In case there is any two default in deposit of the monthly installments, it will be open to the respondent/decree holder to proceed with execution of the decree pursuant to Exts.P4 and P6. I.A.No.4465 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks