IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 35678 of 2008(V) -------------------------------------------- EP 51/08 IN ARC.1093/2008 of SUB COURT, QUILANDY .................... PETITIONER: C.P.ABDURAHIMAN, S/O.MOIDEEN, CHAKKUPARAMBATHU, MEPPAYUR, KOZHIKODE DISTRICT. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENT: THE MEPPAYUR CO-OPERATIVE HOUSING SOCIETY, MEPPAYUR, KOZHIKODE DISTRICT, REP. BY ITS SECRETARY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.35678 of 2008 V -------------------------- JUDGMENT Heard counsel for the petitioner. 2. Petitioner is the judgment debtor in E.P.No. 51/08 on the file of the Sub Court, Koyilandy, filed by the respondent for execution of Exhibit P1 award in A.R.C. No.1093/07. The amount covered by the EP is Rs.1,70,601/-. Petitioner has no case that he has paid any amount towards the said EP. It is submitted that the execution court, without considering his prayer for discharging the debt in instalments, has taken steps to bring his property to sale; that draft proclamation is already filed by the respondent for sale of the entire property belonging to him, which takes in also his residential building worth in all Rupees Forty lakhs and that an opportunity be given to him to discharge the debt in instalments. 2. Considering the nature of the order that I propose to pass in this writ petition, I dispense WPC 35678/08 2 with notice to the respondent Housing Society. Petitioner, through his counsel, offers to deposit an amount of Rs.50,000/- (Rupees fifty thousand only) within two weeks from today and to deposit the balance amount by making payments in substantial instalments thereafter. 3. In the circumstances, I direct the petitioner to deposit the amount of Rs.50,000/- as offered positively within two weeks from today. In case deposit/payment is so made to the credit of E.P.No.51/08, the Sub Judge shall consider his application for payment of the balance amount in substantial instalments after hearing the decree holder as well. It is made clear that further proceedings in execution for sale of the property of the petitioner shall be proceeded with only after appropriate orders are passed on a petition that may be filed by the petitioner within two weeks from today requesting for leave to pay the balance amount in substantial instalments. In case WPC 35678/08 3 the petitioner fails to deposit Rs.50,000/- as offered within two weeks from today, he shall not be entitled to any benefit as provided in this judgment. Petitioner is directed to produce a copy of this judgment in the court below forthwith so as to enable the court below to act in compliance with the above directions. This writ petition is disposed of with the above directions. Issue copy of this judgment to the counsel for the petitioner urgently. 3rd December, 2008 (K.P.Balachandran, Judge) tkv