IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 38307 of 2007(I) -------------------------- AGAINST E.P 259/06 IN OS.302/2002 of II ADDL.SUB COURT,THRISSUR .................... PETITIONERS: ------------ 1. DINESAN, S/O.PERINCHERY BALAN, PUTHUR VILLAGE, THRISSUR THALUK. 2. BEENA KUMARI, W/O.DINESAN, PUTHUR VILLAGE, THRISSUR THALUK. BY ADV. SRI.K.R.RAJKUMAR SRI.JAGADEESH LAKSHMAN RESPONDENT: ------------- THE SUBURBAN CHIT FUNDS (P) LTD. THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 38307 OF 2007 --------------------- Dated this the 1st day of January, 2008 J U D G M E N T This writ petition is filed seeking to set aside the order of the Subordinate Judge, Thrissur, in E.P. 259/06 in O.S. 302/02. The court below fixed the upset price at Rs.1 lakh and directed the sale of 1.62 Ares of land on 4.1.08. The attack against the order is that it is a very valuable property with a residential house and therefore the valuation done for sale of the property is grossly inadequate. The extent covered is only 4 cents of land and there are really no materials before this court to find out what is the exact value. Since there is a residential house in the property, I feel that an opportunity can be given to the writ petitioners to save their house by making the payment in instalments. Therefore the writ petition is disposed of as follows: The writ petitioners are directed to deposit the decree amount in five monthly equal instalments commencing from 1.2.08. If there is default of the first instalment or two consecutive instalments thereafter, they will lose the benefit conferred under this WPC NO 38307/07 2 judgment and the decree holder can proceed to sell the property under the very same proclamation because the sale is being adjourned at the instance of the judgment debtor. So it has to be deemed as waived. Since instalment facility is conferred upon the judgment debtor, the court below is directed not to proceed with the sale on 4.1.08. M.N.KRISHNAN, JUDGE vps WPC NO 38307/07 3