IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 26548 of 2008(I) ------------------------------------- PETITIONER: ------------------- M.J.CYRIAC. S/O. LATE OUSEPH, MAVELLIL, MAVELLIL HOUSE MALAKKALLU, KALLAR VILLAGE, P.O.MALAKKALLU. BY ADV. SRI.P.NARAYANAN. RESPONDENT: --------------------- STATE BANK OF INDIA, KANHANGAD BRANCH, REP. BY ITS MANAGER, KANHANGADE, KASARKODE DIST. BY ADV. SRI. K. K. CHANDRAN PILLAI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 26548 OF 2008 ............................................ DATED THIS THE 3rd DAY OF SEPTEMBER, 2008 JUDGMENT Petitioner is the judgment debtor and first respondent, the decree holder. This petition is filed under Article 227 of Constitution of India challenging the order passed by Sub Court, Hosdurg in E.P.85 of 2000 on 7.8.2008 directing proclamation of sale of the property to 15.9.2008. 2. Learned counsel appearing for petitioner submitted that petitioner is prepared to pay the entire balance amount in ten equal monthly instalments and therefore a direction be issued to Sub Court to permit the petitioner to pay the decree debt in instalments. Learned counsel appearing for respondent submitted that execution petition itself was filed in 2000 and the decree was passed on 15.3.2000 and in such circumstances, petitioner cannot be granted further time. 3. On hearing the learned counsel, I find that an opportunity is to be granted to petitioner to pay the entire decree debt. If petitioner pays one fourth of the balance decree debt on 15.9.2008 and files an application for adjournment of sale, waiving fresh sale proclamation, executing court shall grant WP(C) 26548/2008 2 adjournment and permit petitioner to pay the balance in three equal monthly instalments. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE lgk/-