IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 25586 of 2008(U) ---------------------------------------- (E.A.127/078 IN E.P.69/06 OF SUB COURT, KATTAPPANA) PETITIONER: ------------------- BHARATHI, D/O.KARTHIYANI, NANJILATHUPARAMBIL HOUSE, VELLAYAMKUDY KARA, KATTAPPANA VILLAGE. BY ADV. SRI.KODOTH SREEDHARAN SRI.AJEESH.S.BRITE RESPONDENTS: ------------------------ 1. DISTRICT CO-OPERATIVE BANK LTD., KATTAPPANA BRANCH, REPRESENTED BY ITS SECRETARY. 2. THANKAPPAN N.J., NANJILATHUPARAMBIL HOUSE, KATTAPPANA P.O., KATTAPPANA VILLAGE. BY SRI. P.C.SASIDHARAN, SC, DISTRICT CO-OP. BANK – R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.25586 of 2008 ------------------------------- Dated this the 25th August, 2008. J U D G M E N T Petitioner is the second judgment debtor in E.P.No.69 of 2006, on the file of Sub Court, Kattappana. This petition is filed under Article 227 of the Constitution of India challenging Ext.P3 proclamation issued under Ext.P2 order. Under Ext.P2 order, learned Sub Judge directed proclamation and sale after advertising the sale proclamation in Mathrubhoomi Daily and directing to show the value of the property claimed by the decree holder, as well as judgment debtor in the sale paper. That order is perfectly in consonance with Rule 66 of Order XXI of Code of Civil Procedure. 2. The argument of the learned counsel is that she is only a guarantor to the first judgment debtor and sale is posted for tomorrow and she is prepared to pay the amount, but needs time. W.P.(C) No.25586 of 2008 2 3. On hearing the learned counsel, I do not find any reason to quash Ext.P3 order which is perfectly legal and regular. If the prayer of the petitioner is for time for payment of the decree debt, petitioner is at liberty to pay a portion of the decree debt and apply to the executing court to grant an adjournment. If such an application is made, executing court to pass appropriate orders, in accordance with law. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.