IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 23170 of 2008(G) -------------------------- (E.P. 67 OF 2006 IN A.C.681 OF 2006 DTD. 30.6.2008 OF SUB JUDGE, KATTAPANA) PETITIONER: ------------ 1. SAJI.P.K, 36 YEARS, S/O.KKRISHNANKUTTY PUTHUKATTU HOUSE, KATTAPPANA KARA KATTAPPANA VILLAGE IDUKKI 2. KRISHNANKUTTY, S/O.AYYAPPAN PUTHUKATTU HOUSE, KATTOOR KARA KARUMAPURAM VILLAGE IDUKKI. BY ADV. SRI.P.VIJAYA BHANU RESPONDENTS: ------------- IDUKKI DIST.CO.OP.BANK LTD., KATTAPPANA MAIN BRANCH, REP. BY ITS MANAGER. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 23170 OF 2008 ............................................ DATED THIS THE 5th DAY OF AUGUST, 2008 JUDGMENT Petitioners are the judgment debtors and respondent, the decree holder. This petition is filed under Article 227 of Constitution of India to quash Ext.P2 proclamation and to direct respondent/decree holder to permit petitioners to pay the decree debt in instalments. 2. Learned counsel appearing for petitioners and respondent/decree holder were heard. The objection raised against Ext.P3 order is that a portion of the property would have been sold and entire extent need not be sold. The total debt payable under the decree is Rs. 1, 64, 789/-. The property proclaimed for sale is only one acre. As per the objection filed by petitioners, the value per cent is Rs.2000/-. In such circumstances, by sale of less than one acre, the decree debt may not be realised. Therefore that objection cannot be accepted. 3. The only other objection raised is that sale proclamation is to be published in a newspaper. Ext.P3 order shows that executing court directed publication of sale proclamation in WP(C) 23170/2008 2 Mathruboomi daily. In such circumstances, I do not find any reason to interfere with Ext.P2 proclamation or Ext.P3 order. Learned counsel then submitted that petitioner may be permitted to pay the decree debt in instalments. Learned counsel appearing for respondent opposed the application. 4. Considering the fact that execution petition is posted for sale of the property to 7.8.2008, executing court is directed to grant an adjournment of sale, on the petitioner paying or depositing Rs.30,000/- to the decree holder on or before 7.8.2008 and files an application waiving fresh proclamation as provided under Rule 69 of Order XXI of Code of Civil Procedure and also undertaking to pay the balance decree debt in four equal monthly instalments. If such an affidavit is filed, executing court shall permit petitioner to pay the balance amount, due under the decree, in four equal monthly instalments. If the petitioner commits default in payment of any such instalment, executing court is to proceed with the sale. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR, JUDGE lgk/-