IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 36310 of 2007(V) -------------------------- AGAINST THE ORDER IN EP 106/06 IN OS.102/1999 of SUB COURT, KASARAGOD .................... PETITIONER: ------------ MARIAMMA, AGED 53 YEARS, W/O.LATE KHADER KUNHI, LANDHOLDER, RESIDING AT ATTEGOLI, MULINJA VILLAGE, P.O.MEENJA, KASARAGOD (DIST). BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT: ------------- M/S.SUDHA FINANCE CORPORATION, SREEDHARA SHETTY, AGED 53 YEARS, S/O.MAHALINGA SHETTY, THOKKOTTU, PERMANNUR VILLAGE, DAKSHINA KANNADA DISTRICT, KARNATAKA STATE BY ITS MANAGING PARTNER. BY ADV. SRI.SURESH KUMAR KODOTH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36310/2007/V APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE E.P.NO.106/07 IN O.S.102/99 DT. 31/07/2006 BEFORE THE SUBORDINATE JUDGE, KASARAGOD. EXT. P2: COPY OF THE APPLICATION NO.87/07 IN E.P.106/2006 IN OS.102/99 DT.30/07/2007 BEFORE THE SUBORDINATE JUDGE, KASARAGOD. /TRUE COPY/ P.A. TO JUDGE JP M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No.36310 of 2007 ------------------------------------------- Dated this the 10th day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to set aside the order passed by the Subordinate Judge, Kasaragod. The grievance is that property having an extent of 28 cents had been sold for a meager amount of Rs.29,000/- and therefore, the sale is illegal and requires interference. 2. At this stage, I do not want to go into merits of the case . For the reason, I think that an opportunity can be given to the writ petitioner to pay the decree amount. I direct the writ petition herein to pay the decree amount in six equal monthly instalments commencing from 10.4.2008. If she commits default of first instalment or subsequent instalments, she will not be entitled to the benefit granted to him and the court can proceed further with the matter. Till such a default is made the confirmation of sale be deferred. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE csl