IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 8916 of 2009(O) EP.NO.76/2007 IN OS.2/2006 OF SUB COURT, PALA PETITIONER: --------------- ASHOK KUMAR. B., S/O.BHASKARAN NAIR, SREEVILASAM, POOVARANI POST, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT: --------------- STATE BANK OF TRAVANCORE, POOVARANI BRANCH, REPRESENTEDBY ITS BRANCH MANAGER, KOTTAYAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 8916 OF 2009 O ------------------------------------------------------ Dated this the 20th March, 2009 JUDGMENT The first judgment debtor in O.S.No.2 of 2006, on the file of the Court of the Subordinate Judge of Pala is the petitioner herein. A housing loan was taken by the petitioner from the State Bank of Travancore, Poovarani Branch. There were default in payment. The suit was filed for recovery of the decree amount. A decree was passed on 24.2.2007. The decree amount was not paid by the petitioner. Execution proceedings were initiated. At that juncture, he filed W.P.(C) No.18567 of 2008, praying to grant instalment facilities to pay the decree amount. That was declined as per the judgment dated 20.6.2008 in W.P. (C) No.18567 of 2008. It is stated that after the disposal of W.P. (C) No.18567 of 2008, the judgment debtor paid an amount of Rs.2,50,000/-. Accordingly, the sale was adjourned. Again the petitioner approached this Court in W.P.(C) No.30651 of 2008, when the property was about to be sold. This Court disposed of that Writ Petition by the judgment dated 21.10.2008 and the petitioner was granted four months' time. The W.P.(C) NO.8916 OF 2009 :: 2 :: sale was directed to be adjourned for a period of four months. Even though a facility to discharge the decree debt was granted by this Court, it is stated that no amount was paid. 2. The immovable property belonging to the petitioner is now brought to sale. The sale is to take place today. This Writ Petition is filed on 18.3.2009, praying that the petitioner may be granted two months' time to discharge the decree debt. 3. Learned counsel for the petitioner submitted that the petitioner may be granted, as a last resort, a breathing time to pay the decree debt. It is submitted that even though four months' time was granted by this Court earlier, the petitioner could not pay off the decree debt in spite of all his best efforts. The prayer for granting time is opposed by the learned counsel appearing for the respondent Bank. It is submitted by the counsel appearing for the respondent that there is no bona fide in the request made by the petitioner. He also submitted that the petitioner has sold the property to the second defendant and, therefore, he was impleaded as a party in the suit. The third defendant was impleaded as he had filed a suit for specific W.P.(C) NO.8916 OF 2009 :: 3 :: performance in respect of the property against the second defendant as well as the petitioner. The submission made by the decree holder is that the petitioner does not deserve any indulgence at this point of time. The submission made by the decree holder is not without substance. The petitioner is guilty of laches. In spite of the opportunity granted by this Court, he did not pay off the decree debt. However, the fact remains that it is his residential property that is sought to be sold and now, as a last resort, the petitioner prays for two months' time to pay off the entire decree debt. In the facts and circumstances of the case, I am inclined to grant a breathing time to the petitioner to pay off the decree debt. Accordingly, the Writ Petition is disposed of as follows: a) The petitioner shall pay a sum of Rs.One lakh to the decree holder Bank on or before 30.4.2009. b) The balance decree amount shall be paid by the petitioner on or before 31.5.2009. W.P.(C) NO.8916 OF 2009 :: 4 :: c) If the petitioner fails to pay any of the instalments as mentioned above, the property shall be sold forthwith by the executing court on the same sale proclamation. The petitioner waives the right to have a fresh proclamation. d) The execution proceedings shall be kept in abeyance till 31.5.2009. However, if the first instalment of Rs.One lakh is not paid, the decree holder will be entitled to move the executing court for proceeding with the sale even before 31.5.2009. (K.T.SANKARAN) Judge ahz/