IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26146 of 2008(K)
1. KALLI VALSALA, W/O.KRISHNAN, PRIYA NIVAS
... Petitioner
Vs
1. TGHE PUNJAB NATIONAL BANK,
... Respondent
For Petitioner :SRI.UNNI. K.K. (EZHUMATTOOR)
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :03/09/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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W.P.(C) No.26146 of 2008
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Dated this the 3rd September, 2008.
J U D G M E N T
Petitioner is the judgment debtor and respondent
the decree holder in E.P.No.93 of 2000, on the file of Sub Court,
Thalassery. This petition is filed under Article 227 of the
Constitution of India contending that Executing Court did not
deduct the amount paid by the judgment debtor towards the
decree debt and also contending that the entire property need
not be sold. Petitioner also contended that he is prepared to pay
the entire decree debt in six monthly instalments.
2. Learned counsel appearing for the respondent
pointed out that petitioner has earlier challenged the order
passed by the executing court directing sale of the entire
property, on the ground that by sale of a portion of the property,
the decree debt could be realised, and that petition was already
dismissed, and, therefore, petitioner is not entitled to agitate the
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question again. Learned counsel also pointed out that execution
petition itself was filed in 2000 and sufficient time was already
granted, and in such circumstances, there is no reason to
interfere with the sale proposed by the executing court.
3. Though learned counsel appearing for the
petitioner contended that only a portion of the property
proclaimed for sale need be sold to realise the decree debt, in
view of the earlier order against the petitioner by this Court, he
is not entitled to re-agitate the question.
4. Learned counsel then sought time for payment
of the balance decree debt in instalments. Learned counsel
appearing for the respondent pointed out that execution petition
is posted for sale tomorrow.
5. In such circumstances, this writ petition is
disposed as follows. If the petitioner pays one-tenth of the
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balance decree debt before the executing court tomorrow and
files an application agreeing to pay the balance amount in three
equal monthly instalments, and also waiving fresh proclamation,
the executing court has to grant an opportunity to pay the
balance decree debt in instalments.
Writ petition is disposed as above.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.