IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 10733 of 2009(O) -------------------------- OS.203/2004 of SUB COURT, ALAPPUZHA .................... PETITIONER(S): --------------- V.SAJITH KUMAR, S/O.LATE VELAPPAN NAIR SREENIVAS, ZILLA COURT WARD,THATHAMPPALLY ALAPPUZHA. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): --------------- 1. THE KARNATAKA BANK LTD. MULLAKKAL, ALLEPPEY, REPRESENTED BY ITS MANAGER 2. SHILPA LADIES & FANCY CENTRE, MULLAKKAL ALLEPPEY REPRESENTED BY ITS PROPRIETOR PRASEEDA SHILPA LADIES & FANCY CENTRE, OPP ALLATHARA GANAPATHY TEMPLE, MULLAKKAL, ALLEPPEY. 3. RETNAMAYI DEVI, W/O.LATE VELAPPAN NAIR SREENIVAS, ZILLA COURT WARD, THATHAMPALLY,ALLEPPEY 4. P.C.SREEKUMAR,FLAT NO.59 SOUTH MANOR MANIKKATH CROSS ROAD ERNAKULAM, COCHIN-16 5. V.SANTHOSH KUMAR KRISHNA PRIYA, KADAKKARAPPALLY PO CHERTHALA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- W.P.(C).No.10733 of 2009 ---------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT The fifth judgment debtor in O.S.No.203 of 2004, on the file of the Sub Court, Alappuzha, has filed this Writ Petition. For realisation of the decree amount, immovable property belonging to the petitioner and others is ordered to be sold on 8.4.2009. 2. The relief prayed for in the Writ Petition is mainly to postpone the sale of the property, so as to enable the Writ Petitioner to raise the decree amount. The Writ Petition, for the reliefs claimed, is not maintainable. If the petitioner makes substantial payments, he could very well apply before the executing court for adjournment of sale. The Writ Petition is accordingly dismissed. K.T.SANKARAN, JUDGE csl