IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 32171 of 2008(E) -------------------------- OS.111/2004 of SUB COURT,KATTAPPANA .................... PETITIONER(S): --------------------------- M.S.VINOD, S/O.M.K.SREEDHARAN, MADAPPILLIL HOUSE, 20 ACRE KARA, KUNCHITHANNY VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.VIJU ABRAHAM SRI.JOY C. PAUL SRI.JOMON K.CHACKO RESPONDENT(S): --------------------------- FEDERAL BANK LTD., ALUVA, REPRESENTED BY ITS BRANCH MANAGER, KUNCHITHANNY BRANCH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.32171 of 2008 = = = = = = = = = = = = = = Dated this the 31 st day of October, 2008 JUDGMENT The petitioner is the 1st judgment debtor in E.P.No.39 of 2006 in O.S.No.111/2004 on the file of the Sub Court, Kattappana. E.P amount is Rs.4,53,035/- (Rupees four lakhs fifty three thousand and thirty five only). The petitioner challenges the order for sale to be held on 3.11.08 pursuant to Ext.P2 sale proclamation. 2. His contention is that the entire property of 12 cents including the residential building thereon need not be sold for the realisation of nearly 5 lakhs of rupees and that the petitioner had specifically raised this in his objections to the E.P. But the court below has not considered the question as to whether a portion of the property could be sold for realisation of the decree debt. 3. I am inclined to permit the petitioner to have a portion of the property sold for paying off the decree debt on certain conditions. If the petitioner files an application before the W.P.(c).No.32171 of 2008 2 Executing Court within two weeks from today in that behalf the court below shall consider the the petitioner's request having regard to Order XXI Rule 83 C.P.C. The petitioner can be permitted to sell a portion of the property and discharge the entire liability on appropriate terms and conditions. If, after giving the petitioner an opportunity to do so, he does not discharge the liability, then it shall be open to the court below to sell the entire property without any further sale proclamation. The sale shall stand adjourned until and subject to the orders which the court below shall pass on the petition to be filed by the petitioner. This writ petition is disposed of as above. Dated this the 31 st day of October, 2008. V. RAMKUMAR, JUDGE sj