IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 4161 of 2008(U) ------------------------- AGAINST THE ORDER IN ARC 277/1999 IN EP.111/2000 of MUNSIFF COURT, CHITTUR .................... PETITIONER: ---------------------- SREEKRISHNAN M., S/O.MAYAN MEERANCHALLA, PATTANCHERI, CHITTUR, PALAKKAD. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT: ---------------------- VADAVANNUR RURAL CO-OPERATIVE HOUSING SOCIETY LTD. NO.P.1485, CHITTUR TALUK REP. BY ITS SECRETARY. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.4161 OF 2008 ===================== Dated this the 5th day of February 2008 JUDGMENT This writ petition is preferred to set aside Ext.P3 and direct the court below to fix the upset price at Rs.10 lakhs. I had perused the objection filed by the judgment debtor, wherein it is stated that for sale a portion of the property may be sufficient for discharging the balance decree debt and after the decree, the judgment debtor has paid an amount of Rs.55,000/-. It is submitted that if a breathing time is given the client will be in a position to pay the balance decree debt even without sale of the property. I feel that some indulgence can be shown and the judgment debtor can be permitted to pay the amount in 5 equal monthly instalments. Therefore, the writ petition is disposed of as follows: (1) I direct the court below to get a balance statement from the decree holder including the factum whether the judgment debtor is entitled to any concession in the light of various Government orders relating to repayment of the loan. (2) Thereafter the court below shall permit the petitioner to pay the balance amount in 5 equal monthly instalments commencing from 19.3.2008. If the WP(C) 4161/2008 -:2:- judgment debtor makes default of the first instalment and thereafter of any two consecutive instalments the benefit conferred on him shall be forfeited and the matter be proceeded with and the amount be recovered by sale of the property by incorporating the objection raised by the judgment debtor in the sale proclamation. M.N.KRISHNAN, JUDGE Cdp/-