IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 29711 of 2009(O) -------------------------- AGAINST THE ORDER IN EP 366/02, EA 779/2003 IN ARC.114/2002 of MUNSIFF COURT, CHITTUR .................... PETITIONERS/ JUDGEMENT DEBTORS: ----------------------------------------- 1. THULASI AMMAL, W/O.RAMASWAMY, AATTAYAMPATHY, OZHALAPADY VILLAGE, CHITTUR, PALAKKAD. 2. SENTHIL KUMAR, S/O.RAMASWAMY, -DO- BY ADV. MR.SAJAN VARGHEESE K. MR.LIJU. M.P RESPONDENT/DECREE HOLDER: ---------------------------- THE CHITTUR CO-OPERATIVE HOUSING SOCIETY LTD.NO.P. 820, THATHAMANGALAM PALAKKAD, REP. BY ITS SECRETARY. ADV. MR.V.CHITAMBARESH, SENIOR ADVOCATE MR.T.C.SURESH MENON MR.JIBU P THOMAS MR.P.S.APPU MR.A.R.NIMOD MR.C.A.ANOOP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29711 of 2009(O) APPENDIX: PETITIONERS' EXHIBITS: EXT.P1: EXECUTION PETITION, E.P.NO.366/202 ON THE FILE OF MUNSIFF COURT, CHITTUR. EXT.P2: PETITION, E.A.NO.779/2003 IN E.P.NO.366/2002 ON THE FILE OF THE MUNSIFF COURT, CHITTUR. EXT.P3: ORDER DT.13.8.2004 PASSED IN W.P.(C).NO.23978/2004 ON THE FILE OF THIS HON'BLE COURT. EXT.P4: ORDER DTD.17.12.2004 PASSED IN I.A.NO.449/2004 IN APPEAL PETITION NO.71/2004 ON THE FILE OF KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // P.A TO JUDGE. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.29711 of 2009 - O --------------------------------- Dated this the 8th day of January, 2010 J U D G M E N T Petitioner is the judgment debtor in E.P.No.366 of 2002 on the file of the Munsiff Court, Chittur. An arbitration award passed in favour of the respondent-co-operative society is being executed before the above court. Admittedly, an immovable property belonging to the petitioner having an extent of 10 cents comprising a residential building had been brought to sale to realise the debt due to the respondent. At that stage, petitioner/judgment debtor filed this writ petition for quashing the proceedings in the alternative to provide an opportunity to pay the decree debt in instalments invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. I heard the counsel on both sides. 3. Though sufficient opportunity has been extended to the petitioner/judgment debtor to discharge the debt it has not be discharged so far. Once the sale is over to realise the decree W.P.(C).No.29711 of 2009 - O 2 (award) debt, no facility of repayment by instalment is permissible. Evidently, the sale has become final and conclusive. I find no merit in the writ petition. Writ petition is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-