IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 11TH DECEMBER 2007 / 20TH AGRAHAYANA 1929 WP(C).No. 36569 of 2007(C) ----------------------------------------- (AGAINST E.P.P.484/07 IN O.S.25/99 OF THE ADDL.SUB COURT, N.PARAVUR) PETITIONER: -------------------- K.P.MANI SATHEESAN, W/O SATHEESAN, AGED 46, KANAKKATTUSSERY HOUSE, CHERAI KARA, PALLIPPURAM VILLAGE. BY ADV. SRI.V.A.PRADEEP KUMAR RESPONDENT: ------------------------ CHANDRASBOSE, AGED 39, S/O GOPALAN, NADUPARAMBIL HOUSE, CHERAI KARA, PALLIPPURAM VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 36569 OF 2007 = = = = = = = = = = = = = = = Dated this the 11th day of December, 2007. J U D G M E N T This writ petition is preferred for a direction to the respondent to grant instalment facility for the decree amount and to stay all further proceedings. The suit was compromised between the parties and a decree was passed. I am informed that already Rs.37,500/- has been paid till date and so for the balance of the decree amount the property is to be sold on 12.12.07. It is submitted that a portion of the property will be sufficient for discharging the decree debt and so the Court below has gone wrong in ordering sale of the entire property. I am informed that it is a mortgage decree as well. When it is so a portion of the mortgage property cannot be sold in the light of the decision of this Court in Dhanalakshmi Bank Ltd. v. Divakaran 2000 (2) KLT 231. W.P.C 36569 OF 2007 -:2:- 2. Ultimately the learned counsel would submit that at least a breathing time may be given for making the payment. So far as the instalment facility is concerned, that too, after a compromise decree unless and until the decree holder consents it may not be easy for the Court to grant instalment facility. Therefore, I grant permission to the writ petitioner to move an application before the executing Court with a prayer to grant instalment facility and if the decree holder consents some time may be given. In order to facilitate that I direct the Court below to defer the sale which is posted for tomorrow for a period of six weeks. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-