IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 4731 of 2008(L) ------------------------- AGAINST THE ORDER DATED IN EP.22/2006 IN OS.152/1996 of PRINCIPAL SUB COURT,ALAPPUZHA .................... PETITIONER: ------------ V.V.JAYARAM, S/O.K.VELAYUDHAN, AGED 70, RESIDING AT SEETHA BHAVAN, MADACKAL, CHERTHALA. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON SMT.V.DEEPA RESPONDENT: ------------- SUGATHAN.K.PANICKAR, RESIDING AT RACHANA, PATTANAKKAD VILLAGE, PATTANAKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 4731 OF 2008 --------------------- Dated this the 8thday of February, 2008 JUDGMENT This writ petition is preferred to set aside Exts.P3 and P4 orders in exercise of the supervisory jurisdiction of this court. This court in the earlier C.R.P. 915/07 passed an order to defer the actual seizure of the vehicle for a period of six weeks so as to give a breathing time to the judgment debtor to wipe off the liability. The said order was passed on 22.10.2007. Thereafter, instead of attempting to make the payment, extension was sought for and prayed for instalment facility. That had been refused by the court below and it is against those orders, the present writ petition is filed. 2. It is submitted by the learned counsel for the writ petitioner that his client is old and he had lost his wife and if the car is attached and sold, it may effect him both physically and mentally and therefore prays that some indulgence may be shown. I feel, sufficient indulgence had been shown by the courts including this court . But, on account of the pathetic situation in which he is placed now, this court has finally decided to give him WPC NO 4731/08 2 some more breathing time for a period of two months from today to wipe off the liability. Therefore this writ petition is disposed of and the writ petitioner is granted two months further time to wipe off the liability on condition that he files an undertaking affidavit before the court that he will not transfer the vehicle or render it useless within a period of one week from today. It is made clear that the writ petitioner shall not be entitled to any further indulgence hereafter. M.N.KRISHNAN, JUDGE vps WPC NO 4731/08 3