IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 10906 of 2010(O) -------------------------- OS.282/2005 of MUNSIFF COURT, KODUNGALLUR .................... PETITIONER: --------------- SATHEESAN, S/O.DAMODHARAN, ANDURUTHI HOUSE, P.O.METHALA, KODUNGALLUR. BY ADV. SRI.K.S.RAJESH SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT: --------------- KALYANA DAYINI SABHA (REGD.), ANAPPUZHA, METHALA VILLAGE, KODUNGALLUR TALUK, REP. BY ITS PRESIDENT, BALACHANDRAN, S/O.VISALAKSHAN, KALLUPARAMBIL, ANAPPUZHA,KODUNGALLUR,METHALA VILLAGE,METHALA P.O. PIN-680 669,THRISSUR DISTRICT. ADV. SRI.K.G.BALASUBRAMANIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10906 of 2010 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : E.P.555/2007 DTD 01.06.2007 PENDING BEFORE THE MUNSIFF COURT, KODUNGALLUR EXHIBIT P2 : SALE NOTICE DTD 04.03.2010 True Copy THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.10906 of 2010 --------------------------------------- Dated this 24th day of November, 2010 JUDGMENT Judgment debtor in E.P.No.555 of 2007 in O.S.No.282 of 2005 of the court of learned Munsiff, Kodungallur is the petitioner before me challenging Ext.P2, sale notice. Though various contentions are raised against Ext.P2, learned counsel has confined his request in this petition to granting time to pay the amount due under the decree. Learned counsel states that as per Ext.P2, sale notice amount payable is `.40,297/- and pursuant to the order of this court on 30-03-2010 petitioner had already deposited Rs.10,000/- in the executing court. Learned counsel contends that petitioner is not able to raise the entire amount in lump. In the circumstances I am inclined to grant time to the petitioner from 01-12-2010 to pay the amount due under the decree. Resultantly this petition is disposed of in the following lines: (i) Petitioner is permitted to pay amount due under the decree in four (4) equal monthly installments beginning from 01-12-2010 provided that by the last installment the entire amount is paid. (ii) The amount shall be deposited in the executing court on or before the 5th of every W.P(C).No.10906 of 2010 : 2 : month. (iii) The amount thus deposited and the sum of Rs.10,000/- deposited by the petitioner pursuant to the order dated 30-03-2010 can be withdrawn by the respondent. (iv) Sale of the property will stand adjourned to a day after four months from 01-12-2010. (v) Petitioner shall file affidavit in the executing court if the property is scheduled for sale (before such time) waiving fresh proclamation for sale. (vi) In case of default in deposit of any installment or the entire amount is not paid within the time granted hereby it will be open to the executing court to proceed with sale of the property. (THOMAS P JOSEPH, JUDGE) Sbna/-