IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 24421 of 2010(O) -------------------------- EA 690/2008 IN EP NO.81/2007 IN OS.95/2000 of SUB COURT, MANJERI .................... PETITIONER(S): --------------- T.DEVAYANI, D/O.LATE T.K.PARVATHY AMMA, THALAYAMKULATH MEKKALAMPET HOUSE, AREEKODE AMSOM, CHEMRAKATTOOR DESOM. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENT(S): --------------- FEDERAL BANK, AREEKODE BRANCH, REPRESENTED BY ITS BRANCH MANAGER, AREEKODE AMSOM, AREEKODE DESOM AREEKODE P.O., 673639. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.24421 of 2010 -------------------------------------- Dated this the 5th day of August, 2010. JUDGMENT Judgment debtor No.2 in E.P.No.81 of 2007 in O.S.No.95 of 2000 of the court of learned Sub Judge, Manjeri is the petitioner before me. She has suffered a decree for payment of money. In execution of that decree 85 cents belonging to petitioner was sold in court auction on 12.12.2007 for Rs.4,18,313/- and purchased by the respondent - bank. Petitioner filed E.A.No.127 of 2008 to set aside the sale but that application was dismissed on 19.09.2008, sale was confirmed and execution petition was closed. Petitioner filed E.A.No.690 of 2008 on 17.10.2008 to reopen execution petition. Executing court passed Ext.P3, order on that application on 16.06.2010. Request to reopen E.A.No.127 of 2008 was allowed on condition that petitioner deposited Rs.50,000/- on or before 06.07.2010. Executing court also made it clear that the amount if deposited can be withdrawn by the respondent/decree holder. Observing so, E.A.No.690 of 2008 was posted on 07.07.2010. Learned counsel for petitioner states that on the representation of petitioner that the said order is being challenged in this Court executing court has posted E.A.No.690 of 2008 on 10.08.2010. In the meantime petitioner has filed the Writ Petition challenging Ext.P3, order on various grounds. At the time of hearing learned counsel submitted that petitioner is prepared to pay Rs.50,000/- as ordered in Ext.P3, order, given some time. Learned counsel states that petitioner comes from poor circumstances and is not able to raise the said amount in lump within a short time. Petitioner has also the idea of disposing of a portion of the property (which was sold in court auction in WP(C) No.24421/2010 2 favour of respondent) and discharging liability of respondent. From the impugned order which directs that amount if any deposited can be withdrawn by the respondent, it would appear that respondent may be inclined to give up claim over the property on payment of the decree amount. Having regard to the difficulties of petitioner stated by learned counsel and considering the amount involved I am inclined to give petitioner two months' time from this day to deposit the sum of R.50,000/- in the executing court. Question whether that amount can be withdrawn by the respondent shall be decided by the executing court after ascertaining the views of respondent as to their stand on E.A.No.127 of 2008 for setting aside the court auction ale. Resultantly, this Writ Petition is disposed of in the following lines: i. Petitioner is granted two months' time from this day to deposit the sum of Rs.50,000/- (Rupees fifty thousand only) in the executing court. I make it clear that it will be open to the petitioner to deposit the said amount in three installments but, within the time granted hereby. ii. In case the amount is not deposited within the time granted hereby, this Writ Petition will stand dismissed. THOMAS P.JOSEPH, Judge. cks