IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 5447 of 2010(O) -------------------------------------- E.A.10/2010 IN E.P.103/2007 IN O.S.129/1995 OF SUB COURT, PALA. .............. PETITIONER/JUDGEMENT DEBTOR NO.1/DEFENDANT NO.1 ---------------------------------------------------------------------------------------- EMMANUEL THOMAS, S/O.LATE THOMAS, CHITTAKKATTU HOUSE, KURICHITHANAM P.O. BY ADV. MR.SUNIL CYRIAC RESPONDENTS/DECREE HOLDER & JUDGEMENT DEBTORS 2 TO 7/ PLAINTIFF & DEFENDANTS 2 TO 5 ---------------------------------------------------------------------------------------------------- 1. THE SOUTH INDIAN BANK LTD., PALA BRANCH. 2. MANI THOMAS, S/O.MANI, CHITTAKKATTU HOUSE, KURICHITHANAM P.O., (DIED). 3. MARY THOMAS, W/O.LATE THOMAS, CHITTAKKATTU HOUSE, KURICHITHANAM P.O. 4. CYRIAC GEORGE, S/O.GEORGE, PONNAMVARIKKAYIL HOUSE, MARANGATTUPILLY P.O., KURICHITHANAM. 5. BABU GEORGE, S/O.GEORGE, PONNAMVARIKKAYIL HOUSE, MARANGATTUPILLY P.O., KURICHITHANAM. 6. OMANA THOMAS, VALLIKKATTIL HOUSE, ANGAMALI P.O. 7. REJI ANTONY, MANJOORAN HOUSE, KANJIRAPPUZHA P.O., MANNARKKAD, PALAKKAD. R1 BY ADV. MR.GEORGE VARGHESE (MANACHIRACKEL), SC . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 5447/2010-O APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LAND VALUE CERTIFICATE BEARING NO.B7-3355/2009/K.DIS DATED 12/06/2009 ISSUED BY THE TAHSILDAR, MEENACHIL TO THE 1ST RESPONDENT. EXT.P2: COPY OF THE E.A. NO.10/2010 DATED 19/01/2010 FILED BY THE PETITIONER IN E.P. NO.103/2007 BEFORE THE SUB COURT, PALA. EXT.P3: COPY OF THE ORDER DATED 20/01/2010 IN E.A.10/2010 IN E.P.103/2007 OF THE SUB COURT, PALA. RESPONDENT'S EXHIBITS: N I L //TRUE COPY// P.S. TO JUDGE rs. P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 5447 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2010. JUDGMENT This is a petition filed under Article 227 of the Constitution of India seeking the following reliefs: “(i) Issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P3 order; (ii) Issue a writ of mandamus or other appropriate writ, order or direction, directing the court below to permit the petitioner to remit the dues by arranging for private sale of a portion of the property or otherwise within a further period of 6 months from today; Or in the alternative: Issue a writ of mandamus or other appropriate writ, order or direction, directing the court below to consider and dispose of E.A. No.10/2010 (Ext.P2) afresh in accordance with law; (iii) Issue such other appropriate writ, order or direction this Hon'ble Court may deem fit, just and proper to grant on the fats and circumstances of the case.” WPC. 5447/2010. 2 2. The first respondent herein, the Bank, instituted a suit against the petitioner and others and obtained a decree. The decree was put in execution. Since the amount remained unpaid, they sought to bring the mortgaged property to sale. The grievance of the petitioner is that the property that is sought to be sold consists of more than 2.5 acres and it is not necessary to sell the entire property for realisation of the debt. One has to notice that it is a mortgage decree. If the petitioner feels that he can get a higher price, it is open to him to get purchasers for the property. It is brought to the notice of this court that the sale of the property is to be held on 8.3.2010. 3. Petitioner prays for sometime to find out a prospective purchaser for the property. Considering the decree amount, it is felt that it is only proper that the petitioner be given some time to do so. The petitioner prays that the sale may be adjourned by one month on the basis of the present settled proclamation. WPC. 5447/2010. 3 In the light of these facts, the sale shall stand adjourned to 8.4.2010 to enable the petitioner to find out an intending purchaser on the basis of the sale proclamation now settled. With this observation, this writ petition is disposed of. P. BHAVADASAN, JUDGE sb.