IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 22662 of 2009(O) -------------------------- AGAINST THE ORDER DATED 8.7.2009 INE.P.NO.244/2007 IN OS.651/2002 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER: --------------- N.K.SOMAN, AGED 49 YEARS S/O.NELLISSERY KUTTAPPAN, NAKAMBARA KIZHAKKANCHERRY VILLAGE, ALATHUR TALUK. BY ADV. MR.K.SUNILKUMAR RESPONDENT: --------------- SREEDHANA KURIES & LOANS (P) LTD ERINJERI AGADI, TRISSUR VILLAGE, TRISSUR TALUK. ADV. MR.DAVIS KALLIATH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22662 of 2009(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PETITION IN E.P.NO.244/2007 ON THE FILE OF THE SUB COURT, PALAKKAD. EXT.P2: COUNTER STATEMENT DATED 16.2.2009 FILED BY THE JUDGMENT DEBTORS IN E.P.NO.244/2007 ON THE FILE OF THE SUB COURT, PALAKKAD. EXT.P3: ORDER DATED 08.07.2009 IN E.P.NO.244/2007 IN O.S.NO.651/2002 ON THE FILE OF THE SUB COURT, PALAKKAD. EXT.P4: PROCLAMATION NOTICE IN E.P.NO.244/2007 ON THE FILE OF THE SUB COURT, PALAKKAD. RESPONDENT'S EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.22662 Of 2009 ---------------------- Dated this the 21st day of December, 2010. J U D G M E N T The petitioner is the judgment debtor in E.P.No.244/2007 in O.S.No.651/2002 on the file of the Sub Court, Palakkad. By Ext.P3 order dated 8.7.2009 the court ordered proclamation and sale of property on 13.8.2009 and to report on 14.8.2009. Ext.P4 is the copy of the proclamation notice in E.P.No.244/2007. Exts.P3 & P4 are under challenge. 2. This Court by order dated 10.8.2009 granted interim stay on condition of the petitioner depositing a sum of Rs.75,000/- before the execution court. The petitioner deposited the amount and the said fact was reported to this Court. Subsequently, by order dated 17.11.2009, this Court issued a direction to deposit a further sum of Rs.75,000/-. The learned counsel for the petitioner submitted that the amount was also paid. 3. Ext.P1 is the copy of the execution petition. The amount sought to be recovered is Rs.2,62,071/- as on the date of W.P.(C).No.22662 Of 2009 ::2:: filing of the E.P on 2007. Now, this Court finds that an amount of Rs.1.5 Lakhs has already been paid. Learned counsel for the petitioner/judgment debtor submitted that the judgment debtor is ready and willing to pay the balance decree debt in reasonable monthly instalments. 4. In view of the submission made by the learned counsel for the petitioner and in view of the fact that Rs.1.5 Lakhs has already been paid as per the directions of this Court, the request of the petitioner/judgment debtor can be considered positively. Accordingly, the writ petition is disposed of directing the petitioner to pay the balance decree debt in 12 monthly equal instalments. The first instalment shall be payable on or before 5.2.2011. The subsequent instalments shall be paid on 5th of every succeeding months. In case of default, the court below shall permit the decree holder to realise the amount by continuance of execution proceedings. HARUN-UL-RASHID, Judge. bkn/-