IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 14884 of 2010(O) -------------------------- EP.92/2008 of MUNI-MAGI.COURT, PERAMBARA .................... PETITIONERS/JUDGMENT DEBTORS: ----------------------------------------------------- 1. KANDOTH MANOJ, EAZHUTHAZHAN KANDI MEATHIL, PERAMBRA AMSOM, KORATY DESOM, P.O.MENHANUYAM, KOYILANDY TALUK, KOZHIKODE DIST. 2. KANDOTH DINESH, EAZHUTHAZHAN KANDI MEATHIL, PERAMBRA AMSOM, KORATY DESOM, P.O.MENHANUYAM, KOYILANDY TALUK, KOZHIKODE DIST. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT/DECREE HOLDER: ---------------------------- THE SECRETARY, MEPPAYOOR CO-OPERATIVE HOUSING SOCIETY LTD., MEPPAYOOR.P.O. KOZHIKODE DISTRICT. ADV. SRI.N.L.KRISHNAMOORTHY FOR R SRI.K.LAKSHMINARAYANAN FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14884 of 2010 APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1 : PROCLAMATION OF SALE DTD. 24.03.2010 IN E.P.No.92 OF 2008 ON THE FILE OF MUNSIFF COURT, PERAMBRA RESPONDENTS' EXHIBITS: NIL True Copy P.A to Judge THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.14884 of 2010 --------------------------------------- Dated this 04th day of August, 2010 JUDGMENT This writ petition is filed by the judgment debtor in E.P.No.92 of 2008 of the court of learned Munsiff, Perambra. Ext.P1, proclamation of sale is under challenge on the ground that valuation of property shown is not correct. 2. When the matter is taken up for hearing learned counsel for petitioners has confined the matter to a request to granting sufficient time to discharge liability under the decree. It is requested that petitioners may be granted ten months' time to discharge the liability. I have heard learned counsel for respondent also in this regard. 3. Since petitioners are not pursuing their contentions raised in the writ petition, it is unnecessary to go into that question. There is therefore no reason to interfere with Ext.P1, proclamation of sale. Having regard to the circumstances stated by learned counsel for petitioners I am inclined to permit them to pay amount due under the decree in eight monthly instalments. Resultantly this writ petition is disposed of in the following lines: W.P.C.No.14884 of 2010 : 2 : (i) Petitioners are permitted to pay/deposit the amount due under the decree in eight (8) monthly installments beginning from 01-10-2010. Deposit shall not be less than Rs.10,000/- (Rupees Ten Thousand Only) per month. Such deposit shall be on or before 5th of each month. It is made clear that by the last installment entire amount due under the decree is paid/deposited. (ii) It shall be sufficient compliance with the direction for deposit if the amount is paid to the respondent against proper receipt and certified in the execution court as per law. (iii) In case there is default in payment/deposit of any two installments or, entire amount is not paid/deposited within the time granted hereby it will be open to the respondent to proceed with execution pursuant to Ext.P1. (iv) Proceedings pursuant to Ext.P1 shall remain in abeyance for the said period of eight months or till default as above stated is committed by the petitioner, whichever is earlier. (THOMAS P JOSEPH, JUDGE) Sbna/-