IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 30567 of 2008(L) -------------------------- OS.277/2002 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONER: --------------- K.PADMANABHA PILLAI @ K.P.PILLAI, S/O. KOLAPPA PILLAI, R/AT.TC.24/1637(2), OLD TC.25/832, KANNETTUMUKKU, THYCAUD VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENT: --------------- ABDUL NAZAR, S/O.ASANAR PILLAI, R/AT.PUTHUVAL PURAYIDOM, TC.46/561, BEEMAPALLY, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 30567 of 2008 ========================== Dated this the 17th day of October, 2008. JUDGMENT Heard both sides. 2. The petitioner who is the judgment debtor in E.P. No. 194 of 2007 in O.S. No. 277 of 2002 (a money suit) on the file of the Principal Sub Court, Thiruvananthapuram, challenges the order for sale of the immovable property. As against the sum of Rs.3,90,773/- as on 16.11.2007, the petitioner has paid a sum of Rs.2,50,000/- and what was remaining then was a sum of Rs.1,43,000/-. Even though the initial proposal was to sell three cents out of the larger property, the grievance of the petitioner is that subsequently the larger property is again put up for sale. It is because of the default committed by the petitioner in making the payment in time that the property has been brought to sale. Hence, the court below cannot be faulted for putting up the whole property for sale. I am, however, inclined to grant the petitioner a reasonable time to pay off the balance amount. Accordingly, if the petitioner deposits a sum of Rs.50,000/- (Rupees fifty W.P.(C). No. 30567/2008 : 2: thousand only) before the court below within one month from today, that court shall grant the petitioner further time of three months to deposit the entire balance amount and the sale shall stand adjourned till then. In case the petitioner commits default in making the initial deposit of Rs.50,000/- as aforesaid, the entire amount shall become due at once, in which case it shall be open to the court below to conduct the sale of the entire property without any fresh proclamation. This writ petition is disposed of as above. Dated this the 17th day of October, 2008. V. RAMKUMAR, JUDGE. rv W.P.(C). No. 30567/2008 : 3: