IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 25209 of 2008(A) -------------------------- AGAINST THE ORDER IN EP 211/2004 IN OS.353/1998 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER: PETITIONER -------------- BRILLIANT DAS, S/O. HRIDAYA DAS, AGED 52 YRS, MAVILAKATH HOUSE, OLD RAILWAY STATION ROAD, KOCHI - 18. BY ADV. SRI.K.V.SABU SRI.VISHNU SOMAN RESPONDENTS: RESPONDENTS ----------------- 1. UNION BANK OF INDIA, CONVENT ROAD JUNCTION BRANCH, M.G.ROAD, ERNAKULAM. REPRESENTED BY ITS BRANCH MANAGER. 2. REGIONAL MANAGER, UNION BANK OF INDIA, M.G.ROAD, ERNAKULAM. BY ADV. SRI.A.S.P.KURUP, STANDING COUNSEL FOR UNION BANK OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.25209 of 2008 ------------------------------- Dated this the 21st August, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India, to quash Ext.P7 sale proclamation issued by Sub Court, Ernakulam, in E.P.No.211 of 2004 in O.S.No.353 of 1998. Petitioner had earlier approached this Court by filing W.P.(C) No.4698 of 2008 challenging the proclamation issued by the executing court. Under Ext.P1 judgment, dated 8.2.2008, this Court directed executing court not to proceed with the sale, granting three weeks time to the petitioner to arrive at a settlement with first respondent, decree holder, Bank. Under Ext.P2, on the request of the petitioner, decree holder Bank directed the petitioner to deposit Rs.4 lakhs latest by 28.5.2008, so as to settle the dispute. Petitioner did not deposit that amount and instead evidenced by Ext.P5, deposited Rupees One Lakh on 30.5.2008. W.P.(C) No.25209 of 2008 2 2. Learned counsel appearing for the petitioner and standing counsel who took notice for respondent decree holder were heard. 3. The argument of the learned counsel appearing for petitioner is that he is prepared to pay the balance amount of Rs.3 lakhs as directed in Ext.P2, and is also prepared to pay the entire decree debt within two months from today. 4. Learned counsel appearing for the first respondent opposed the prayer contending that petitioner was given sufficient time for payment and as per letter dated, 20.5.2008, petitioner had undertaken to pay the entire decree debt within 90 days from 30.5.2008. In the circumstances, I do not find any reason to grant three months's time as sought for by the petitioner. The writ petition is disposed directing the executing court to adjourn the sale to 3.9.2008, if the petitioner W.P.(C) No.25209 of 2008 3 files an affidavit before the executing court agreeing to pay the entire decree debt and waiving fresh sale proclamation on or before 25.8.2008. M.SASIDHARAN NAMBIAR, JUDGE nj.