IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 2519 of 2009(Y) ------------------------------------------ EA.844/2008 IN EP.265/1997 IN OS.455/1994 of PRL.S.C., THALASSERY .................... PETITIONER/6TH RESPONDENT: D.P.VALSALAKUMAR, S/O.LATE P.KUMARAN, PUTHANPURAYIL HOUSE, CHOVVA, KANNUR. BY ADV. SRI.C.K.SREEJITH RESPONDENTS/PETITIONERS/DECREE HOLDER: 1. C.P.NITHYANANDAN, AGED 68 YEARS, BHAVANI, P.O.CHOVVA, KANNUR-6. 2. C.P.SAGUNABAI, AGED 66 YEARS, "DHANEESH", NAIRMADAM ROAD, P.O.NALLALAM, MEENCHANDA, KOZHIKODE. 3. P.V.VASANTHA, AGED 64 YEARS, GANGA, P.O.THAZHECHOVVA, KANNUR. 4. C.V.SUDEVAN, AGED 62 YEARS, VASU VILLA, ONDEN ROAD, KANNUR-1. 5. C.P.SATHYAPALAN, AGED 60 YEARS, RAMYAM, P.O.CHALAD, KANNUR-14. 6. C.P.MANOMOHANAN, AGED 58 YEARS, 147, BEML 7TH STAGE, NEAR WATER TANK ROAD, MYLASANDRA, P.O.R.V. COLLEGE, BANGALORE-59. 7. C.P.MANOHARAN, AGED 55 YEARS, P.O.BOX 2813, ALKHOBAR, 31952, K.S.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.2519 of 2009 Y -------------------------- JUDGMENT Petitioner is the sixth judgment debtor in E.P. No.265/97 in O.S.No.455/94 on the file of the Sub Court, Thalassery. The prayer in this writ petition is for a direction being issued to the court below to grant the petitioner one year's time to pay the entire balance amount in the execution petition. It is submitted that the amount due to the respondents/decree holders will be about Rupees Two lakhs. 2. Now, the property has been brought up for sale on the execution side. The grievance of the petitioner is that what is brought to sale is the property which is worth crores. It has to be borne in mind that the execution petition is of the year 1997 and the decree that is sought to be executed is one passed in a suit filed as early as in 1994 and the petitioner/sixth judgment debtor has no case that he is penniless. What is attempted to be WPC 2519/09 2 brought to sale is the right of the petitioner over the building constructed by him in relation to which he has claimed benefit under Section 106 of the Kerala Land Reforms Act and the decree is stated to be for arrears of rent. There is absolutely no reason why this Court has to issue any direction, as prayed for, in the circumstances of the case. In the result, I dismiss this writ petition. 23rd January, 2009 (K.P.Balachandran, Judge) tkv