IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 CRP.No. 254 of 2008() --------------------- AGAINST THE ORDER DATED 07/02/2008 IN EP.523/2007 IN OS.1401/1996 of PRL.MUNSIFF COURT,ERNAKULAM .................... REVN. PETITIONER: JUDGEMENT DEBTOR/IST DEFENDANT ------------------------------------------------ MALINI, W/O.LATE APPU, AGED ABOUT 58 YEARS, AMBAZATHUPARAMBIL, THIRUVAMKULAM, KANAYANNUR. BY ADV. SRI.BABU CHERUKARA RESPONDENTS: DECREE HOLDERS/PLAINTIFFS -------------------------------------- 1. E.J.KURIAKOSE, RTD.RAILWAY STATION MASTER, AGED 61, EDAMANA HOUSE, THIRUVANKULAM, THIRUVANKULAM. 2. ANNIAMMA KURIAKOSE, W/O.KURIAKOSE, AGED 55, EDAMANA HOUSE, DO. DO. 3. JOHN SYRIAC ALIAS JOJY, S/O.KURIAKOSE, AGED 32, EDAMANA HOUSE, THIRUVANKULAM. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- C.R.P.No.254 of 2008 ------------------------------------------- Dated this the 17th day of March, 2008 ORDER This revision is preferred against the order of the Munsiff, Ernakulam whereby he has ordered sale of the property on 29.3.2008. 2. The revision petitioner is a judgment debtor in a suit for malicious transaction which has been decreed as ex-parte. The sale is with respect to 1/5 share of the judgment debtor in the property. It is submitted that it is a residential house and if the property is sold, she along with her children may have no shelter and therefore, requested for some leniency. 3. On the merits, I do not find much force in the contention for the reason whatever objection had been raised by the judgment debtor is directed to be incorporated in the draft proclamation and it is now permissible under the proviso to Order XXI Rule 66 CPC. Since it is a residential house and there is a request for some time, I dispose of the revision as follows: (i) the revision petitioner is directed to pay the decree amount in three equal monthly instalments CRP 254/08 2 commencing from 10.4.2008. (ii) The second instalment shall be on 21st May and the third instalment on 21st June. (iii) If the first instalment is not paid or there is a default of the future instalments, the benefit conferred will be cancelled and the decree holder can proceed to sell the property for realisation of the decree debt. The CRP is disposed of accordingly. M.N.KRISHNAN, JUDGE csl