IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8916 of 2009(O)
1. ASHOK KUMAR. B., S/O.BHASKARAN NAIR,
... Petitioner
Vs
1. STATE BANK OF TRAVANCORE,
... Respondent
For Petitioner :SRI.GEORGE SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :20/03/2009
O R D E R
K.T.SANKARAN, J.
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W.P.(C) NO. 8916 OF 2009 O
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Dated this the 20th March, 2009
JUDGMENT
The first judgment debtor in O.S.No.2 of 2006, on the file of
the Court of the Subordinate Judge of Pala is the petitioner herein.
A housing loan was taken by the petitioner from the State Bank of
Travancore, Poovarani Branch. There were default in payment. The
suit was filed for recovery of the decree amount. A decree was
passed on 24.2.2007. The decree amount was not paid by the
petitioner. Execution proceedings were initiated. At that juncture, he
filed W.P.(C) No.18567 of 2008, praying to grant instalment facilities
to pay the decree amount. That was declined as per the judgment
dated 20.6.2008 in W.P. (C) No.18567 of 2008. It is stated that after
the disposal of W.P. (C) No.18567 of 2008, the judgment debtor
paid an amount of Rs.2,50,000/-. Accordingly, the sale was
adjourned. Again the petitioner approached this Court in W.P.(C)
No.30651 of 2008, when the property was about to be sold. This
Court disposed of that Writ Petition by the judgment dated
21.10.2008 and the petitioner was granted four months’ time. The
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sale was directed to be adjourned for a period of four months. Even
though a facility to discharge the decree debt was granted by this
Court, it is stated that no amount was paid.
2. The immovable property belonging to the petitioner is now
brought to sale. The sale is to take place today. This Writ Petition
is filed on 18.3.2009, praying that the petitioner may be granted two
months’ time to discharge the decree debt.
3. Learned counsel for the petitioner submitted that the
petitioner may be granted, as a last resort, a breathing time to pay
the decree debt. It is submitted that even though four months’ time
was granted by this Court earlier, the petitioner could not pay off the
decree debt in spite of all his best efforts. The prayer for granting
time is opposed by the learned counsel appearing for the respondent
Bank. It is submitted by the counsel appearing for the respondent
that there is no bona fide in the request made by the petitioner. He
also submitted that the petitioner has sold the property to the second
defendant and, therefore, he was impleaded as a party in the suit.
The third defendant was impleaded as he had filed a suit for specific
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performance in respect of the property against the second defendant
as well as the petitioner. The submission made by the decree holder
is that the petitioner does not deserve any indulgence at this point of
time. The submission made by the decree holder is not without
substance. The petitioner is guilty of laches. In spite of the
opportunity granted by this Court, he did not pay off the decree debt.
However, the fact remains that it is his residential property that is
sought to be sold and now, as a last resort, the petitioner prays for
two months’ time to pay off the entire decree debt. In the facts and
circumstances of the case, I am inclined to grant a breathing time to
the petitioner to pay off the decree debt.
Accordingly, the Writ Petition is disposed of as follows:
a) The petitioner shall pay a sum of Rs.One lakh to the decree
holder Bank on or before 30.4.2009.
b) The balance decree amount shall be paid by the petitioner on
or before 31.5.2009.
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c) If the petitioner fails to pay any of the instalments as
mentioned above, the property shall be sold forthwith by the
executing court on the same sale proclamation. The petitioner
waives the right to have a fresh proclamation.
d) The execution proceedings shall be kept in abeyance till
31.5.2009. However, if the first instalment of Rs.One lakh is
not paid, the decree holder will be entitled to move the
executing court for proceeding with the sale even before
31.5.2009.
(K.T.SANKARAN)
Judge
ahz/