IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 27130 of 2010(O) -------------------------- AGAINST THE EP 21/2009 IN AP.241/2007 of SUB COURT,KATTAPPANA .................... PETITIONER(S): --------------- NINAN KORUTHU, AGED 73 YEARS, S/O.KORUTHU, UPPALATHUMEPPURATHU HOUSE, KATTEKKANAM, IDUKKI DISTRICT. BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENT(S): --------------- 1. IDUKKI DISTRICT CO-OPERATIVE BANK LTD., NEDUMKANDAM, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MANAGER, IDUKKI DISTRICT CO-OPERATIVE BANK LTD., NEDUMKANDAM, IDUKKI DISTRICT-685 553. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH,J. --------------------------------------- W.P(C).NO. 27130 OF 2010 ------------------------------------------ Dated this the 2nd day of September, 2010. JUDGMENT The judgment debtor in E.P.No.21/2009 of the Sub Court, Kattappana is the petitioner before me. The award in A.P.No.241/2007 is being executed against petitioner and as per the execution petition, more than Rs.3,05,000/- is due from the petitioner. He is aged about 73 years and his only property is being brought up for sale on 2.9.2010. In the meantime, petitioner preferred Ext.P2, representation before respondent No.1 for granting installment facility for payment of the amount. That representation has not so far being disposed of but, property is being brought up for sale this day. Hence this writ petition. Petitioner seeks installment facility for payment of the amount to save his only property for sale. Learned counsel states that petitioner has no other source of income except the property which is being brought up for sale. Petitioner is prepared to pay the amount in installments. 2. Question of installment payment is to be decided by the executing court after hearing respondent No.1 as well. However, I am inclined to grant some time to the petitioner to pay the amount. W.P(C).NO. 27130 OF 2010 2 The writ petition disposed of in the following lines. A. The sale of the property scheduled for this day (2.9.2010) will stand adjourned to a day after two months from this day subject to the following conditions. i. Petitioner shall file in the executing court an affidavit this day itself waiving fresh proclamation for sale as aforesaid. ii. Petitioner shall deposit in the executing court for payment to respondent No.1, Rs.50,000/- (Rupees fifty thousand only) on or before 9.9.2010. iii. Petitioner shall deposit in the executing court for payment to respondent No.1, Rs.25,000/- (Rupees twenty five thousand only) on or before 9.10.2010. iv. Petitioner shall deposit in the executing court for payment to respondent No.1, Rs.25,000/- (Rupees twenty five thousand only) on or before 8.11.2010. It is made clear that if any of the above conditions is not complied or, entire amount is not paid withing the aforesaid period W.P(C).NO. 27130 OF 2010 3 of two months (unless respondent No.1 or the executing court as the case may be grants installment facility to the petitioner for payment of balance amount) it will be open to the executing court to proceed with sale pursuant to the proclamation for sale. THOMAS P JOSEPH,JUDGE. pm