IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 7371 of 2009(N) EP 2603/05 IN OS.124/2005 of PRL.MUNSIFF COURT,THRISSUR PETITIONER: JUDGEMENT DEBTOR NO.3 ------------------------------------ JOSE J.THARAKAN, AGED 48 YEARS, S/O.JOHN, THARAKAN VEETTIL, ANCHERI, KURIACHIRA P.O., OLLUR VILLAGE. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.S.A.SHERLY SMT.S.REKHA KUMARI SMT.SAJITHA GEORGE RESPONDENTS: DECREE HOLDER/PLAINTIFF/JUDGEMENT DEBTOR NO.1 & 2 ---------------------------------------------------------------- 1. TOPLINE KURIES PVT.LTD., ERINJERI ANGADI, TRICHUR, REPRESENTED BY ITS CHAIRMAN C.P.MATHEWS, AGED 45 YEARS. 2. C.S.RATHEESAN, S/O.SANKARAN KUTTY, CHONKULANGARA VEETTIL, CHELAKOTTU KARA, CHEEYARAM VILLAGE, TRICHUR TALUK. 3. T.J.JOB, S/O.JOSEPH, THAZHATHU HOUSE, MANNUTHY, OLLOOKKARA VILLAGE, TRICHUR TALUK. R1 BY ADV. SRI.S.VINOD BHAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 7371 OF 2009 N ------------------------------------------------------ Dated this the 17th March, 2009 JUDGMENT The judgment debtor in E.P.No.2603 of 2005 in O.S.No.124 of 2005, on the file of the Principal Munsiff's Court, Trichur, has filed this Writ Petition for the following reliefs: “i) to issue writ of certiorari or any other writ or directions setting aside the order of auction by the Principal Munsiff's Court, Trichur dated 9/2/2009; ii) to issue writ of mandamus or any other writ or directions to the Court below to allow the petitioner to remit the decretal amount on instalment basis; and iii) to grant such other reliefs as this Hon'ble Court may deems fit and proper.” 2. The Execution Petition was filed for realisation of a sum of Rs.52,060/-. The immovable property belonging to the petitioner was proclaimed for sale. At that juncture, the Writ Petition was filed. On 6.3.2009, an interim order was passed directing the petitioner to pay a sum of Rs.10,000/- within one week. It is stated that the petitioner has complied with the direction. W.P.(C) NO.7371 OF 2009 :: 2 :: 3. The only prayer made by the petitioner/judgment debtor is that he may be permitted to pay the balance decree amount in two instalments in April and May, 2009. Learned counsel appearing for the first respondent submitted that a counter affidavit is filed, in which, it is stated that if the contention of the petitioner is bona fide, let him pay the balance decree amount in two instalments before the re-opening of the Court on 21.5.2009. In view of the submissions made by both sides, the Writ Petition is disposed of as follows: a) The petitioner shall pay the balance decree amount in two equal instalments. The first instalment shall be paid on or before 28.4.2009 and the next instalment shall be paid on or before 31.5.2009. The amount shall be paid directly to the first respondent decree holder, who shall issue receipt for having received the amount. The petitioner shall produce the receipt before the executing court. b) The execution proceedings shall stand adjourned till 10.6.2009 to facilitate the payment as aforesaid. W.P.(C) NO.7371 OF 2009 :: 3 :: c) The executing court shall post the Execution Petition after summer holidays. If it is brought to the notice of the Court that the petitioner has failed to pay any of the instalments, the executing court shall proceed with the sale on the same proclamation. The petitioner waives his right to issue a fresh sale proclamation. (K.T.SANKARAN) Judge ahz/