IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).NO. 6756 OF 2010(O) ----------------------------------------- AGAINST THE ORDER IN EP 772/2009 IN ARC.619/2006 OF MUNSIFF COURT,CHAVAKKAD .................... PETITIONER(S): ----------------------- K.K.RAJAN, AGED 42 YEARS, S/O.KESAVAN, KALOOR HOUSE, AKALAD P.O., CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): --------------------------- 1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES/ARBITRATOR CUM SALE OFFICER, CHAVAKKAD TALUK RURAL HOUSING CO-OPERATIVE SOCIETY LTD.NO.R.344, PAVARATTY, CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. THE SALE OFFICER, CHAVAKKAD TALUK RURAL HOUSING CO-OPERATIVE SOCIETY LTD.NO.R.344, PAVARATTY, CHAVAKKAD TALUK, THRISSUR DISTRICT. REPRESENTED BY THE SECRETARY. ADV. SRI.N.J.JOHNSON FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE SALE PROCLAMATION IN E.P. NO.772 OF 2009 IN ARC NO.619 OF 2008 OF THE MUNSIFF COURT, CHAVAKKAD RECEIVED BY THE PETITIONER. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY THOMAS P.JOSEPH, J. ==================================== W.P(C) No.6756 of 2010 ==================================== Dated this the 13th day of July, 2010 J U D G M E N T This Writ Petition is at the instance of judgment debtor challenging Ext.P1, order in E.P. No.772 of 2009 in ARC No.619 of 2008 being executed in the court of learned Munsiff, Chavakkad. Learned counsel for petitioner states that petitioner is willing to pay the amount due if breathing time is given. Learned counsel for respondent has no serious objection in granting some time to the petitioner to discharge the liability. Having regard to the circumstances stated by learned counsel for petitioner I am inclined to grant three months' time from this day to the petitioner to discharge liability due under the decree. Resultantly, Writ Petition is disposed of in the following lines: (i) Petitioner is granted three months' time from this day to deposit the amount due under the decree in the executing court. (ii) It is open to the petitioner to deposit the said amount in three equal monthly installments. W.P(C) No.6756 of 2010 -: 2 :- (iii) Sale of the property will stand in abeyance for a period of three months from this day on condition that if it is proclaimed for sale petitioner shall file affidavit in the executing court within a week from this day waiving fresh proclamation for sale. In case the liability is not discharged within the said period of three months or condition No.(iii) is not complied it will be open to the executing court to proceed with sale of property pursuant to Ext.P1. THOMAS P. JOSEPH, JUDGE. vsv