IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 23866 of 2009(O) --------------------------------------- OS.210/2002 of SUB COURT, ERNAKULAM .................... PETITIONE/4TH JUDGMENT DEBTOR/4TH DEFENDANT: ------------------------------------------------------------------------------- M.K. VIJAYAN, S/O.KRISHNAN, MADATHIPARAMBIL HOUSE, EDAPPALLY SOUTH VILLAGE, KANAYANNOOR TALUK, ERNAKULAM. BY ADV. MR.BIJU BALAKRISHNAN RESPONDENT/DECREE HOLDER/PLAINTIFF: --------------------------------------------------------------- MANICKANAMPARAMBIL TRUST, REPRESENTED BY M.V.MATHEW, MANAGING PARTNER, NADAKKAVU P.O., UDAYAMPEROOR, ERNAKULAM DISTRICT. BY ADV. MR.M.V.JOHN MR.B.JAYAPARAKASH MR.RENJU JOHN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 23866/2009-O APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 23/06/2007 IN E.A.316/2007 IN E.P.NO.365/2005 IN O.S.1486/2002 OF THE PRINCIPAL MUNSIFF COURT, ERNAKULAM. EXT.P2: COPY OF THE JUDGMENT DATED 17/07/2007 IN WP(C) NO. 21983/2007 OF THIS HONOURABLE COURT. EXT.P3: COPY OF THE STATEMENT OF ACCOUNT IN O.S. NO.1486 OF 2002 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT, ERNAKULAM. EXT.P4: COPY OF THE STATEMENT OF ACCOUNT IN O.S. NO.1513/2002 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT, ERNAKULAM. EXT.P5: COPY OF THE STATEMENT OF ACCOUNT IN O.S. NO.1498/2002 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT, ERNAKULAM. EXT.P6: COPY OF THE STATEMENT OF ACCOUNT IN O.S. NO.1497 OF 2002 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT, ERNAKULAM. EXT.P7: COPY OF THE DRAFT SALE PROCLAMATION DATED 20/10/2008. EXT.P8: COPY OF THE E.A. NO.1089/2008 IN E.P.8/2007 IN O.S. NO.2010 OF 2002 ON THE FILE OF THE SUB COURT, ERNAKULAM. EXT.P9: COPY OF THE PROCEEDINGS IN B DIARY IN E.P. NO.8 OF 2007 IN O.S. NO.210 OF 2002 ON THE FILE OF THE SUB COURT, ERNAKULAM. EXT.P10: COPY OF THE DISCHARGE SUMMARY ISSUED FROM THE M.A.J. HOSPITAL EDAPPALLY TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.23866 OF 2009 () ----------------------------------- Dated this the 16th day of October, 2009 J U D G M E N T The writ petition is filed seeking mainly the following reliefs: i. to issue a writ of certiorari or any other appropriate writ, order or direction to set aside and cancel proceedings dated 15.10.2008, 25.11.2008, 26.11.2008 and 25.6.2009 in Ext.P9 proceedings of the Principal Sub Court, Ernakulam and direct the court below to pass orders on Ext.P8 in the light of Exts.P2 before passing any further orders. ii. to issue a writ of mandamus or any other appropriate writ, order or direction to the Principal Sub Court, Ernakulam to grant instalment facility to the petitions to pay of the decreetal amount in O.S.No.210 of 2002 on the file of the said Court, in the light of Exts.P2, P3, P4, P5, P6 and P7. 2. Petitioner is the 4th judgment debtor in E.P.No.8 of 2007 in O.S.No.210 of 2002 on the file of the Principal Sub WPC.23866/09 2 Court, Ernakulam. He was a surety to the chitty transaction of his son with the respondent. All together, on default in payment of the chitty, after prizing them, five suits arose, which were settled and compromise decrees were passed in favour of the respondents. In respect of four decrees, pursuant to Ext.P2 judgment passed by this Court providing for instalment payments, it is submitted, petitioner has been remitting such instalment payments ordered regularly without any default. In the present case, it is submitted, sale over the property of the petitioner was conducted, and what remains now is confirmation of that sale. The decree holder, who knocked down the bid in auction has also paid the balance sum for the sale consideration, nearly Rs.91,125/-. Petitioner seeks indulgence of this Court for payment of the amount due to the decree holder, which is stated to be approximately about Rs.3,45,000/-, after payment of Rs.58,000/- on the decree debt. Petitioner canvassing on the regular payments made in other decrees submits that instalment payment if granted shall be honoured without failure. The learned counsel for the respondent/decree holder has no objection in fixing a reasonable sum for the instalment payment. Petitioner is at present paying Rs.14,000/- in respect of the WPC.23866/09 3 instalments outstanding on the other four compromise decrees. Considering the facts and circumstances involved and taking note of the submissions made, I find that the petitioner can be permitted to pay the outstanding amount due to the respondent under the decree passed in the present suit in seventeen equal monthly instalments of Rs.20,000/- each. Whatever amount outstanding after the 16th monthly instalment shall be cleared with the final 17th instalment. Monthly instalments so fixed shall be paid on or before 5th of every month, and in case, 5th of the month happens to be a holiday, on the next working day itself. In the event of default of even one instalment, it is open to the respondent to seek for confirmation of the sale treating the relief of instalment payment for discharging decree debt annulled and withdrawn. Petitioner shall pay the instalments due directly to the respondent, and monthly instalment payment ordered shall be paid from the month of December onwards. Subject to the above directions, the writ petition is disposed. S.S.SATHEESACHANDRAN JUDGE prp WPC.23866/09 4