IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 30651 of 2008(Y) -------------------------- EP NO.76/2007 IN OS.2/1996 of SUB COURT, PALA .................... PETITIONER(S): --------------- ASHOK KUMAR B., S/O.BHASKARAN NAIR, SREEVILASAM, POOVARANI POST, MOENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.J.DEVADANAM SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE, POOVARANI BRANCH, KOTTAYAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. 2. JOSHY MANUEL, W/O. MANUAL, ELIKKULAM KARA, ELIKKULAM P.O. ELIKKULAM VILLAGE. 3. OMANAKUTTAN, S/O. DAMODARAN NAIR, PALAKKAL HOUSE, EDAMATTAM P.O. EDAMATTOM KARA, POOVARANI VILLAGE, MEENACHIL TALUK. ADV. SRI.SATHISH NINAN, SC FOR SBT FOR R1 SRI.SANTHOSH MATHEW, SC FOR SBT FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.30651 of 2008 y -------------------------------------- Dated this the 21st day of October, 2008. JUDGMENT Heard both sides. 2. Petitioner is judgment debtor No.1 in E.P.No.76 of 2007 in O.S.No.2 of 2006 of Sub Court, Pala. First respondent obtained a decree for payment of money and in execution, brought the property of the petitioner for sale. In the meantime, petitioner approached this Court in W.P.(C) No.18567 of 2008 seeking time to pay off the decree amount. Learned Single Judge as per Ext.P2, judgment dated 20.6.2008 dismissed the Writ Petition but, observed that if the petitioner paid substantial sum in the executing court, the Sub court will grant sufficient time to the petitioner (for payment of the balance amount). Petitioner states that he has by now paid Rs.2,50,000/- out of the total sum of Rs.4,00,000/-. Petitioner now requests for six months' time to pay off the balance amount. Counsel for first respondent stated that around Rs.5,00,000/- is due as on now. 3. Considering the facts and circumstances of the case, the direction contained in Ext.P2 as well as the subsequent payment of Rs.2,50,000/- by the petitioner, I am inclined to grant four (4) months time to the petitioner to pay off the entire balance amount. Resultantly, this Writ Petition is disposed of in the following lines:- WP(C) No.30651/2008 2 Sale of property of the petitioner/judgment debtor No.1 will stand in abeyance for a period of four (4) months from today on condition that the petitioner files appropriate statement in the execution court today itself waiving fresh proclamation for sale and further, that the petitioner deposited in the execution court for payment to the first respondent the entire balance amount due under the decree within the said period of four months. THOMAS P.JOSEPH, JUDGE. cks