IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 22760 of 2008(H) -------------------------- AGAINST THE ORDER DATED 20/06/2008 IN EP 68/06 IN AC.744/2003 of SUB COURT,KATTAPPANA .................... PETITIONERS: ----------------------- 1. SABU P.K., PUTHUKKATTU HOUSE, KOOTAR P.O., KARUNAPURAM VILLAGE, IDUKKI DISTRICT. 2. SARAMMA, D/O.NARAYANAN, KALLOLIEKAL (H), KOOTTAR P.O., KARUNAPURAM VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT: ------------------------ IDUKKI DISTRICT CO-OPERATIVE BANK LTD., KATTAPPANA MAIN BRANCH, REPRESENTED BY ITS MANAGER. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P.(C) NO. 22760 OF 2008 ------------------------------------------ Dated this the 29th day of July, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India to set aside Ext.P2 order directing proclamation of sale to 31.7.2008. 2. Learned counsel appearing for petitioners was heard. 3. Learned counsel argued that petitioners are prepared to pay the entire decree debt in 5 equal monthly instalments and therefore executing Court may be directed to postpone the sale to enable petitioners to pay the decree debt. 4. If petitioner pays Rs.30,000/- on or before 31.7.2008, Sub Court, Kattappana is to adjourn the sale on the petitioner filing an affidavit as provided under sub rule 2 of Rule 69 of Order 21 of Code of Civil Procedure, waiving fresh proclamation. Learned Sub Judge to consider the prayer of the petitioners to pay the balance decree debt in instalments and pass appropriate orders. Writ petition is disposed of as above. M. SASIDHARAN NAMBIAR, JUDGE Okb/-