IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 12333 of 2008(R) -------------------------- AGAINST THE ORDER IN EP 82/07 IN OS.1377/1997 of MUNSIFF COURT.,ERNAKULAM .................... PETITIONER: ------------ 1. K.S.TILLAN S/O.LATE SEBASTIAN, AGED 47 RESIDING AT KURISINGAL HOUSE VYTTILA P.O., ERNAKULAM. 2. ELIZABETH, W/O.LATE SEBASTIAN AGED 68, RESIDING AT KURISINAGL HOUSE VYTTILA P.O., ERNAKULAM. 3. SAMSON S/O.LATE SEBASTIAN, AGED 44 RESIDING AT KURISINGAL HOUSE VYTTILA P.O., ERNAKULAM. 4. LINCY BABY D/O.LATE SEBASTIAN, AGED 40 RESIDING AT KURISINGAL HOUSE VYTTILA P.O., ERNAKULAM. BY ADV. SRI.N.RATHEESH SMT.SUMA RATHEESH RESPONDENT: -------------------- THE CATHOLIC SYRIAN BANK VALANJAMBALAM, KOCHI-16. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 12333 OF 2008 --------------------- Dated this the 10th day of April, 2008 JUDGMENT This writ petition is filed with a prayer to set aside the proceedings in EP 82/07 in OS 1377/97 and for a direction to issue a fresh sale proclamation. 2. At my request, the learned Standing Counsel for the Bank has also appeared before the court for the purpose of hearing. The main grievance of the writ petitioners is that their objection regarding valuation of the property has not been incorporated in the sale proclamation and that has prejudicially affected them. Learned counsel would also submit that his clients are prepared to pay the amount if some breathing time is given. The Bank may not be interested in getting at the property but will be more interested in the amount due under the decree. Therefore, I dispose of the writ petition as follows: (i) The writ petitioners are directed to pay an amount of Rs.40,000/- each today and on payment of the same the sale shall be adjourned. WPC NO 12333/08 2 (ii) The writ petitioners are directed to pay the balance amount in four monthly equal instalments commencing from 1.6.08. If the petitioners commits default in making payment of two consecutive instalments, they will forfeit the benefit granted to them and the court below shall proceed with the sale proceedings after showing the value suggested by the judgment debtors also in the sale proclamation. M.N.KRISHNAN, JUDGE vps WPC NO 12333/08 3 WPC NO 12333/08 4