IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).NO. 22841 OF 2010(Y) ---------------------------------------- OS.84/2002 OF I ADDL.SUB COURT, KOZHIKODE .................... PETITIONER(S): --------------------- 1. M.C.MEENAKSHI AMMA, W/O.RAJENDRAN NAIR, SWASTHAM, AGED 51 YEARS, KANJIRAPARAMBIL HOUSE, P.O.KOODARANHI, KOZHIKODE DISTRICT. 2. E.T.RAJENDRAN NAIR, S/O.RAGHAVAN NAIR, AGED 55 YEARS, KANJIRAPARAMBIL HOUSE, P.O.KOODARANHI, KOZHIKODE DISTRICT. BY ADV. SRI.LUIZ GODWIN D'COUTH RESPONDENT(S): ------------------------ THE FEDERAL BANK LTD., MUKKAM BANK, KOZHIKODE DISTRICT, REPRESENTED BY ABRAHAM JOSEPH PRINCIPLE OFFICER. ADV. SRI.A.ANTONY SMT.LEELAMMA ANTONY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF E.P. NO.676 OF 2004 BEFORE THE FIRST ADDITIONAL SUB COURT, KOZHIKODE. EXHIBIT P2 TRUE COPY OF THE PROCLAMATION OF SALE NOTICE DATED 6.12.2006. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 3.10.2009. EXHIBIT P4 TRUE COPY OF THE ORDER. EXHIBIT P5 TRUE COPY OF THE ORDER. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY THOMAS P.JOSEPH, J. ==================================== W.P(C) No.22841 of 2010 ==================================== Dated this the 13th day of August, 2010 J U D G M E N T Petitioners are judgment debtors in E.P. No.676 of 2004 in O.S. No.84 of 2002 of the court of learned Sub Judge, Kozhikode. Respondent is executing a decree against petitioners for realisation of money by sale of mortgaged property which is 21 cents in extent with a building. In the course of execution proceedings petitioners filed applications to permit them to sell a portion of the property, appoint an Advocate Commissioner for the said purpose and to stop sale of property in the meantime. Those applications were dismissed as per Exts.P4 and P5 which are under challenge in this Writ Petition. 2. In the Writ Petition the only request is that petitioners may be given some time to discharge the liability so that sale of property can be averted. Grounds stated in the Writ Petition is also in that way. Learned counsel requested that petitioners may be granted six months' time to discharge the liability. I have hard learned counsel for respondent also in the matter of granting W.P(C) No.22841 of 2010 -: 2 :- time. Having regard to the facts and circumstances stated and considering the fact that more than Rs.9 lakhs is due I am inclined to give petitioners breathing time to discharge the liability and save the property from sale. But at the same I do not find reason to interfere with the impugned order. Resultantly, the Writ Petition is disposed of in the following lines: Petitioners are granted six months' time from this day to discharge the liability but subject to the following conditions: (i) Petitioners shall deposit Rs.50,000/- (Rupees Fifty thousand only) in the executing court within two weeks from this day for payment to the respondent. (ii) Petitioners shall pay the balance amount in six equal monthly installments beginning from 01.09.2010 provided, by the last installment the entire liability shall have been discharged. (iii) The monthly installments shall be paid on or before 5th of each month. W.P(C) No.22841 of 2010 -: 3 :- It is directed that in case the deposit directed to be made within two weeks is not complied or there is default in payment of any two monthly installments it will be open to the respondent to proceed with execution against the property. THOMAS P. JOSEPH, JUDGE. vsv