IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No.2825 of 2009 (J) -------------------------------- AGAINST THE ORDER IN EP.423/2005 IN OS.610/2000 of MUNSIFF COURT,CHAVAKKAD .................... PETITIONER: --------------- P.M.BASHEER, S/O.MUHAMMED PUHIYAVEETTIL HOUSE, P.O.THALIKKULAM, CHAVAKKAD. BY ADV. SRI.K.I.SAGEER RESPONDENT: --------------- THE CATHOLIC SYRIAN BANK LTD., THALIKKULAM BRANCH, THALIKKULAM, THRISSUR REP. BY ITS MANAGER. ADV. SRI.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.2825 of 2009 ------------------------------------------------ Dated this the 28th day of January, 2009 JUDGMENT The petitioner is the judgment debtor in O.S.610/2000 on the file of the Munsiff's Court, Chavakkad. It is submitted that as per E.P.423/05 in the said suit the property belonging to the petitioner had been brought to sale and the property had been purchased with leave of court by decree holder/Bank who is the respondent herein. Advocate Sri.R.S. Kalkura, Standing Counsel for the respondent/ Bank enters appearance and submits that the bank is interested only in realising the decree debt and that they have no objection in the sale being set aside in case the petitioner/judgment debtor pays the entire decree debt. Counsel for the petitioner submits that out of Rs.2 lakhs and odd due the decree holder, the petitioner will pay an W. P. C. No.2825 of 2009 -2- amount of Rs.30,000/- to the decree holder/ Bank positively before 05/02/09. If the said amount is paid on or before 05/02/09 the case posted for confirmation of sale before the execution court shall stand adjourned to 27/02/09. Before 27/02/09 the petitioner shall pay a further amount of Rs.45,000/- to the decree holder/Bank. In case that amount also is paid, the court below shall stay the confirmation of sale and keep the execution petition pending on condition that the sale will be confirmed as and when the petitioner defaults the following conditions namely that he shall discharge the balance debt by payment in monthly instalments at the rate of Rs.25,000/- per month beginning with the 16th of March, 2009. All such instalments shall be paid on or before 16th of every calendar month. In case of default in making any such payment on the due date the decree holder shall be W. P. C. No.2825 of 2009 -3- entitled to move the court by filing an affidavit reporting violation of the condition by the petitioner/judgment debtor and thereupon the execution court shall post the case for confirmation of sale and take appropriate steps according to law. This Writ Petition is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/-