IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 29064 of 2008(I) ------------------------------------------- EP.73/2007 IN OS.24/1999 of SUB COURT, KASARAGOD .................... PETITIONER: M.BADRUDEEN, S/O M.C.MAHIN HAJI, MEETHAL HOUSE, PALLIKKAL, TALANGARA VILLAGE, KASARGOD TALUK, KASARGOD. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT: CATHOLIC SYRIAN BANK LTD., KASARAGOD BRANCH, REP. BY ITS BRANCH MANAGER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.29064 of 2008 I -------------------------- JUDGMENT Heard counsel on both sides. 2. Petitioner is the first judgment debtor in O.S.No.24/99 on the file of the Sub Court, Kasargod. Petitioner/first judgment debtor has not deposited even the amount of Rupees One lakh within one month as directed by this Court in the order dated 30.9.2008. Despite lapse of four months, even now, the petitioner is not ready to make the payment and he says that he is unable to make the payment. That is no ground to stall the proceedings in execution of sale of immovable property. It was already mentioned in the order dated 30.9.2008 that if the petitioner deposits Rupees One lakh within one month, this Court will consider the question of giving some more time to the petitioner for payment of the balance amount by way of instalments. Petitioner having not obeyed the said direction, there is no question of granting more time for WPC 29064/08 2 payment of the balance amount. No doubt, this Court also directed the decree holder/Bank to give details of the balance amount due from the petitioner and to show a lenient gesture considering the fact that the petitioner has repaid amounts far in excess of the principal amount. The Bank also has not filed any statement. The decree holder/Bank may file proper statement in the court below. There is no merit in this writ petition filed by the first judgment debtor seeking to set aside the order passed by the court below to proclaim and sell the property fixing the upset price at Rs.2,50,000/-. This writ petition is, hence, dismissed. 3rd February, 2009 (K.P.Balachandran, Judge) tkv