IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 CRP.No. 219 of 2008() --------------------- AGAINST THE ORDER DATED 07/02/2008 IN EP.107/2007 IN OS.695/2004 of PRL.M.C.,ERNAKULAM .................... REVN. PETITIONERS: JUDGEMENT DEBTORS ----------------------------------- 1. MUTUAL AID BANKERS PROVIDENCE ROAD, ERNAKULAM NORTH P.O. KOCHI 682 018,REPRESENTED BY ITS MANAGER 2. P.K.ROCKY MEMORIAL TRUST PROVIDENCE ROAD, ERNAKULAM NORTH P.O. KOCHI 682 018. 3. NAVIS, FOREMAN MUTUAL AID BANKERS PROVIDENCE ROAD, ERNAKULAM NORTH P.O.KOCHI 682 018. BY ADV. SRI.BABU CHERUKARA RESPONDENT: DECREE HOLDER ------------- JOY,AGED 52, S/O.GEORGE KALARICKAL HOUSE, KARETHALA, ERNAKULAM. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- C.R.P.No.219 of 2008 ------------------------------------------- Dated this the 10th day of March, 2008 ORDER This revision is preferred against the order of the Principal Munsiff, Ernakulam in E.P.No.107/2007 in O.S.No.695/2004. The court below had ordered sale of 3 cents of land fixing the upset price at Rs.1.5 lakhs. The court below has recorded a reasoning that the decree holder had produced a document which will show that the price of the land is Rs.30,000/- per cent. 2. The learned counsel for the revision petitioners has produced before me the objection filed by him wherein he has contended that the property will fetch Rs.3.5 lakhs per cent and that has not been considered by the court below. Certainly, the court below should have considered that and at least that price should have been incorporated for the sale proclamation. Further, the learned counsel for the revision petitioners would contend that if they are given some breathing time, they will make the payment as well. Therefore, I dispose of this Civil Revision Petition with the following directions. CRP 219/2008 2 (1) The Civil Revision Petitioners are directed to pay the balance amount in three equal monthly instalments commencing from 10.4.2008. (2) If there is any default of the first instalment or any other subsequent instalments benefit conferred on the revision petitioners shall stand cancelled. (3) If there is any default and it reaches a stage where sale has to be conducted, then I direct the court below to incorporate the value suggested by the judgment debtors also in the sale proclamation before putting the property into sale. M.N.KRISHNAN, JUDGE csl