IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 27845 of 2008(M) -------------------------- OS.192/2003 of SUB COURT, PALAKKAD .................... PETITIONER: --------------- SURESH, S/O. KUNCHAN, AGED 39 YEARS, MELEPURACKAL HOUSE KONGAMPARA, PUDUSSERY AMSOM, PALAKKAD TALUK. BY ADV. SRI.CIBI THOMAS RESPONDENT: --------------- M/S. HEMAMBIKA CHITS AND ESTATES (P) LTD. REP. BY ITS CHAIRMAN, ENNAKKOTTIL STREET BIG BAZAR, KOPPAM AMSOM, PALAKKAD TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 27845 of 2008 ========================== Dated this the 16th day of October, 2008. JUDGMENT The petitioner who is the 1st defendant in O.S. No. 192 of 2003 on the file of the Sub Court, Palakkad, challenges Ext.P5 sale proclamation as per which 20 cents of property comprised in RS No. 1252/3 (New Survey No. 649/43) of Puthussery village is proposed to be sold for realisation of the E.P amount of Rs.2,13,830/- fixing an upset price of Rs.5 lakhs. 2. According to the petitioner, the actual amount due is only a very low amount and the petitioner has to maintain his family consisting of aged mother and two unmarried sisters and he is unable to satisfy the decree debt unless he is given at least six months' time to pay the entire decree amount after effecting sale of a portion of the land which is actually worth more than Rs.1 lakh per cent with the residential house of the petitioner situated thereon. 2. The above request of the petitioner is consistent with the provisions of Order 21 Rule 83 C.P.C. The petitioner may file a W.P.(C) No. 27845/2008 : 2: petition before the Executing Court in E.P. No. 228 of 2007 in O.S. No. 192/2003 before the Sub Court, Palakkad seeking permission to sell a portion of the property to satisfy the decree debt and in case the request of the petitioner is bona fide, that court may permit the petitioner to sell a portion of the property and satisfy the decree debt within a time frame to be fixed by that court. In case the petitioner files an application before the Executing Court within two weeks from today, the sale shall stand adjourned by one month subject to further orders to be passed by the court below on the petition to be filed by the petitioner. This writ petition is disposed of as above. Dated this the 16th day of October, 2008. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 27845/2008 : 3: W.P.(C) No. 27845/2008 : 4: