IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6292 of 2008(Y) ------------------------------------ (AGAINST THE EP NO. 261/2006 IN OS NO. 594/2003 OF THE MUNSIFF COURT- KOCHI) PETITIONERS: ------------------- 1. P.B.PADMANABHAN, AGED 45 YEARS, S/O.BAVA, PADATHARA HOUSE, EDAVANAKKAD P.O., ERNAKULAM DISTRICT. 2. E.K.SHEELA, W/O.PADMANABHAN, AGED 41 YEARS, PADATHARA HOUSE, EDAVANAKKAD P.O., ERNAKULAM DISTRICT. BY ADV. SRI.SHAJI THANKAPPAN RESPONDENTS: ---------------------- 1. GOLDWIN KURIES, HEAD OFFICE DEVASWOM NADA CHERAI P.O., REPRESENTED BY MANAGING PARTNER, RADHAKRISHNAN, S/O.KOCHUNNI, KUTTIPPILSSERY HOUSE, CHERAI P.O., PALLIPPURAM VILLAGE, KOCHI TALUK. 2. P.K.ARAVINDAKSHAN, AGED 46 YEARS, S/O.KANDAN, NIKATHIL HOUSE, EDAVANAKKAD P.O. ERNAKULAM DISTRICT, KOCHI TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 6292 OF 2008 = = = = = = = = = = = = = = = Dated this the 22nd day of February, 2008. J U D G M E N T This writ petition is preferred against the direction of the Munsiff, Kochi to proclaim and sell the property on 25.2.08. As per the copy of the execution petition made available the decree debt as on the date of the filing of the execution petition is Rs.75,293/-. For realisation of the same the property belonging to the judgment debtor having an extent of four cents with a building is ordered to be sold on 25.2.2008 fixing the upset price at Rs.2 lakhs. It is contended that the property will fetch more value. But a perusal of Ext.P2 itself would reveal that the amount suggested by the judgment debtor has been shown as the upset price. So I do not find any illegality committed by the Court below in ordering the same. The learned counsel for the writ petitioner submits that it is the residential property and if the property is sold his client may have to be under W.P.C 6292 OF 2008 -:2:- stress and if some breathing time is given he will try to pay the amount. I feel some leniency can be shown to him and therefore I direct the Court below to defer the sale posted to 25.2.2008 on the following conditions. (1) The judgment debtor shall pay a sum of Rs.10,000/- on 25.2.2008. (2) He shall pay the remaining amount in four monthly equal instalments commencing from 26.3.2008. (3) If he commits default of the initial payment and thereafter of two consecutive instalments, he shall forfeit the benefit granted to him by this order and the decree holder will be at liberty to proceed with the sale of the property in accordance with law. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-