IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 3652 of 2008(I) ------------------------------------ (O.S.127/2003 OF SUB COURT, MANJERI) .................... PETITIONER: ------------------- KRISHNAKUMAR MENON, SON OF PADMINI AMMA, PROPRIETOR, M/S.MANASY AGENCIES, OTTAPPALAM. BY ADV. SRI.P.RAMAKRISHNAN. RESPONDENTS: ----------------------- 1. M/S.DHANALAKSHMI BANK LIMITED, REPRESENTED BY ITS MANAGER, OTTAPPALAM BRANCH. 2. K.PADMINI AMMA, WIFE OF LATE K.S.U NAIR, M/S.MANASY AGENCIES, OTTAPPALAM. 3. K.SOBHANA, WIFE OF E.PRASAD, M/S.MANASY AGENCIES, OTTAPPALAM. 4. K.NARENDRAKUMAR, SON OF K.PADMINI AMMA, M/S.MANASY AGENCIES, OTTAPPALAM. BY ADV. SRI.C.K.KARUNAKARAN,SC,DHANALAKSHMI BANK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.C. No.3652 OF 2008 ===================== Dated this the 31st day of January 2008 JUDGMENT This writ petition is filed for a direction to the Sub Court, Manjeri not to proceed with Ext.P1 execution petition and for a further direction to consider the petitioner's proposal for settlement as directed in Ext.P6 judgment. At the outset I may hold that the petitioner has been approaching this court consecutively and if he has bestowed best attention, certainly he would have been in a position to wipe off the liability. The property sought to be sold is quite a large extent, i.e. 5 acres and 40 cents and being a mortgage decree, it cannot be sold in portion, as the decree does not provide such a clause. Learned counsel for the petitioner submits that if a breathing time is given without raising any further objection, his client will be in a position to pay off the entire amount. I accept the submission of the learned counsel and dispose of the writ petition as follows: (1) The petitioner is directed to pay the balance amount due under the decree within 3 months from today.(2) In order to enable him to pay the exact amount, the bank shall send him a statement showing the amount due. If the law WP(C)3652/2008 -:2:- permits and the bank is inclined to give some concession on the calculation of the interest may also be shown. I make it clear that it is purely under the discretion of the bank authorities, but not a legal right conferred on the petitioner. If the amount is not paid within 3 months, the bank can proceed with the sale for realisation of the property. I hope and trust that the petitioner will not approach this court again for any further direction or relief. With the above directions, writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-