IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25586 of 2008(U)
1. BHARATHI
... Petitioner
Vs
1. DISTRICT CO-OPERATIVE BANK LTD
... Respondent
For Petitioner :SRI.KODOTH SREEDHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :25/08/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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W.P.(C) No.25586 of 2008
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Dated this the 25th August, 2008.
J U D G M E N T
Petitioner is the second judgment debtor in
E.P.No.69 of 2006, on the file of Sub Court, Kattappana. This
petition is filed under Article 227 of the Constitution of India
challenging Ext.P3 proclamation issued under Ext.P2 order.
Under Ext.P2 order, learned Sub Judge directed proclamation
and sale after advertising the sale proclamation in
Mathrubhoomi Daily and directing to show the value of the
property claimed by the decree holder, as well as judgment
debtor in the sale paper. That order is perfectly in consonance
with Rule 66 of Order XXI of Code of Civil Procedure.
2. The argument of the learned counsel is that she
is only a guarantor to the first judgment debtor and sale is posted
for tomorrow and she is prepared to pay the amount, but needs
time.
W.P.(C) No.25586 of 2008
2
3. On hearing the learned counsel, I do not find
any reason to quash Ext.P3 order which is perfectly legal and
regular. If the prayer of the petitioner is for time for payment of
the decree debt, petitioner is at liberty to pay a portion of the
decree debt and apply to the executing court to grant an
adjournment. If such an application is made, executing court to
pass appropriate orders, in accordance with law.
The writ petition is disposed as above.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.