IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 OP.No. 9692 of 2003(D) ---------------------- PETITIONER: ------------ DE.DEVAKI, MAYA NIVAS, VELLANALLOOR, KILIMANNOOR, THIRUVANANTHAPURAM. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ------------- STATE BANK OF TRAVANCORE, KILIMANOOR BRANCH, KILIMANOOR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP 9692/03 ORDER ON CMP NO.16792 OF 2003 IN O.P.NO.9692 OF 2003 DISMISSED 16.1.2008 SD/- PIUS C.KURIAKOSE, JUDGE. APPENDIX PETITIONER'S EXTS.: EXT.P1: TRUE COPY OF THE OBJECTION FILED AGAINST RULE 66 NOTICE BEFORE THE SUB COURT, ATTINGAL DATED 10.3.2003. EXT.P2: TRUE COPY OF THE SANCTION PETITION E.A.110/03 FILED BY THE PETITIONER DATED 10.3.2003. EXT.P3: TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT DIRECTLY TO THE RESPONDENT BANK ON 25.3.2003 AND 20.3.03 AND ALSO ON 31.3.2003. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - O.P.No.9692 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 16th January, 2008 JUDGMENT Service is not yet completed in this Original Petition wherein the petitioner-judgment-debtor challenges the order of the execution court directing sale of the entire decree schedule property for realisation of the decree debt. This court became inclined to grant stay of execution only on condition that the petitioner remits a sum of Rs.25,000/- towards the decree debt. Learned counsel for the petitioner submits on the basis of certain receipts that apart from paying the above sum of Rs.25,000/-, the petitioner has made further payments also. When these payments are taken into account, the present order to sell the property for the amount mentioned in the sale proclamation will not be justified. The Original Petition was filed way back in 2003 and though service is yet to be completed on the respondent, I have reason to think that the respondent-Bank has been put to notice regarding the pendency of the O.P. The contention prominently raised before the court below is that it is not necessary to proclaim and sell the entire decree schedule property for realising the decree debt and that a portion of the property will be sufficient for realising the decree debt. Considering the above contention and O.P.No.9692/03 - 2 - taking into account the part payments made by the petitioner subsequent to the institution of this O.P., I dispose of the O.P. without waiting for service to be completed. The property belonging to the petitioner will not be sold in auction for a period of six months from today. It is open to the petitioner to identify a purchaser who will be prepared to pay the entire balance decree debt for the entire decree schedule property or any portion of the same. Once such a purchaser is identified, the petitioner will produce the sale agreement before the court below and seek leave of the court for a private sale under Rule 83. On receiving such an application for permission to have a private sale, the court below will hear the petitioner as well as the decree-holder and pass orders. Once orders are passed allowing the application, the court below will ensure that the entire proceeds realised by sale in favour of that purchaser is paid by him to the Bank so that the proceeds will go in liquidation of the decree debt. It is made clear that nothing stated above will stand in the way of the petitioner filing an application for instalment facility in the matter of paying the balance decree debt and the court below passing orders on the same bestowing as much sympathy as the same deserves O.P.No.9692/03 - 3 - after hearing the petitioner and the decree-holder. srd PIUS C.KURIAKOSE, JUDGE