IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 WP(C).No. 4197 of 2008(Y) ------------------------------------- OS.355/2000 OF SUB COURT, KOZHIKODE. .................... PETITIONER: ------------------- M.JYOTHISH, AGED 35 YEARS S/O.LATE MALATHI, N.G.O.QUARTERS CHEVAYUR AMSOM AND DESOM KOZHIKODE THALUK/DISTRICT. BY ADV. SRI.MANJERI SUNDERRAJ, SRI.B.PREMNATH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE TRIVANDRUM, REP. BY GOVERNMENT PLEADER HIGH COURT OF KERALA, ERNAKULAM. 2. THE SENIOR MANAGER PUNJAB NATIONAL BANK LTD., BANK ROAD BRANCH KOZHIKODE-673 001. BY GOVT. PLEADER SMT. R. BINDU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 4197 OF 2008 = = = = = = = = = = = = = = = Dated this the 4th day of April, 2008. J U D G M E N T This writ petition is preferred to direct the Sub Court, Tirur in E.P.56/02 in O.S.355/00 to consider and pass appropriate orders on the objections raised by the judgment debtors. The Bank has obtained a decree for realisation of the amount by sale of the mortgaged property and it has been brought to sale. Now, the contention is that the objections of the judgment debtors are not considered. It is also submitted that if a reasonable time is granted the writ petitioner is prepared to pay the amount at the rate of Rs.50,000/- per month. I think an opportunity can be given with the default clause. Therefore the writ petition is disposed of as follows. 2. The writ petitioner is directed to pay at the rate of Rs.50,000/- per month till the decree debt is wiped of and the first instalment is to commence on 10.5.08. If the writ W.P.C 4197 OF 2008 -:2:- petitioner makes default of two consecutive instalments the benefit conferred on him shall be forfeited and the Bank will be permitted to proceed with the sale on the basis of the proclamation already approved by the Court. The Court may also show the value to be suggested by the judgment debtor in the proclamation. Till a default is made the sale will be deferred. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-