IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 26146 of 2008(K) -------------------------- AGAINST THE ORDER IN OS 222/1997. IN EP.93/2000 of PRL.S.C.,THALASSERY .................... PETITIONER: ------------ KALLI VALSALA, W/O.KRISHNAN, PRIYA NIVAS KOTTHUPARAMBA, AMSOM, MOORIYAD DESOM, KANNUR. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENTS: ------------- THE PUNJAB NATIONAL BANK, KOOTHUPARAMBA BRANCH, KOOTHUPARAMBA, REPRESENTED BY ITS BRANCH MANAGER. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.26146 of 2008 ------------------------------- Dated this the 3rd September, 2008. J U D G M E N T Petitioner is the judgment debtor and respondent the decree holder in E.P.No.93 of 2000, on the file of Sub Court, Thalassery. This petition is filed under Article 227 of the Constitution of India contending that Executing Court did not deduct the amount paid by the judgment debtor towards the decree debt and also contending that the entire property need not be sold. Petitioner also contended that he is prepared to pay the entire decree debt in six monthly instalments. 2. Learned counsel appearing for the respondent pointed out that petitioner has earlier challenged the order passed by the executing court directing sale of the entire property, on the ground that by sale of a portion of the property, the decree debt could be realised, and that petition was already dismissed, and, therefore, petitioner is not entitled to agitate the W.P.(C) No.26146 of 2008 2 question again. Learned counsel also pointed out that execution petition itself was filed in 2000 and sufficient time was already granted, and in such circumstances, there is no reason to interfere with the sale proposed by the executing court. 3. Though learned counsel appearing for the petitioner contended that only a portion of the property proclaimed for sale need be sold to realise the decree debt, in view of the earlier order against the petitioner by this Court, he is not entitled to re-agitate the question. 4. Learned counsel then sought time for payment of the balance decree debt in instalments. Learned counsel appearing for the respondent pointed out that execution petition is posted for sale tomorrow. 5. In such circumstances, this writ petition is disposed as follows. If the petitioner pays one-tenth of the W.P.(C) No.26146 of 2008 3 balance decree debt before the executing court tomorrow and files an application agreeing to pay the balance amount in three equal monthly instalments, and also waiving fresh proclamation, the executing court has to grant an opportunity to pay the balance decree debt in instalments. Writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.