IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 4829 of 2009(Y) ------------------------- E.A.NO.21/2009 IN E.P.NO.112/06 IN OS.82/1996 of SUB COURT, CHERTHALA .................... PETITIONER(S): --------------- K.G.DINESH BHAT, KILLIKKATTU VEETTIL, CHERTHALA NORTH VILLAGE, CHERTHALA TALUK. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN RESPONDENT(S): --------------- K.PRAKASAN, S/O.KARUNAKARAN, SAIJAS VEETTIL, VAYALAR KIZHAKKU VILLAGE, CHERTHALA. ADV. SRI.J.OM PRAKASH FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 4829/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER IN E.A.NO.21 OF 2009 IN E.P.NO.112 OF 2006 IN O.S.NO.82 OF 1996 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, CHERTHALA. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.4829 of 2009 --------------------------------------------- Dated this the 26th day of February, 2009 JUDGMENT The petitioner is the judgment debtor in O.S.No.82 of 1996 on the file of the Sub Court, Cherthala. Execution was levied for realisation of Rs.3,59,794.50/- by attachment and sale of the immovable property belonging to the judgment debtor. The execution court ordered sale of the residential house of the petitioner/ judgment debtor. The petitioner filed E.A.No.21/09 praying that he may be permitted to pay the decree amount in monthly instalments of Rs.10,000/-. The court below rejected the prayer which is under challenge in this Writ Petition. 2. As per the interim order dated 13.2.2009, the petitioner has deposited Rs.30,000/- before the executing court. The learned counsel for the petitioner submitted that the petitioner may be permitted to pay the balance amount in instalments. The learned counsel appearing for the respondent opposed the prayer. However, he submitted that if the judgment debtor pays the amount within a short time, that is, within a WPC No.4829/2009 2 period of three months, the sale may be adjourned. 3. Taking into account the facts and circumstances of the case, I am of the view that without causing much prejudice to the respondent, the petitioner can be directed to pay the decree amount in ten monthly instalments with the stipulation that for the first 9 instalments, the petitioner shall pay at the rate of Rs.35,000/- and the entire balance amount shall be paid at the end of the period of the 10th instalment with usual default clause. Accordingly, the Writ Petition is disposed of as follows: (i) The execution proceedings against the petitioner shall be kept in abeyance if the petitioner pays to the decree holder, the balance decree amount in ten monthly instalments as detailed below. (ii) The petitioner shall pay at the rate of Rs.35,000/- per month for nine months and the entire balance decree amount shall be paid in the 10th month. (iii) The first instalment shall be paid on or before 31st March 2009 and the balance instalments shall be paid on or before the last day of the respective succeeding months. WPC No.4829/2009 3 (iv) If the petitioner commits default in paying any of the instalments, the execution proceedings shall be continued forthwith. It is agreed that in such an event, the immovable property of the petitioner can be sold in court auction on the same sale proclamation. (v) The amount already deposited as per the interim order passed by this court shall be permitted to be withdrawn by the decree holder. K.T.SANKARAN, JUDGE csl