IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30651 of 2008(Y)
1. ASHOK KUMAR B., S/O.SHASKARAN NAIR,
... Petitioner
Vs
1. STATE BANK OF TRAVANCORE,
... Respondent
2. JOSHY MANUEL, W/O. MANUAL,
3. OMANAKUTTAN, S/O. DAMODARAN NAIR,
For Petitioner :SRI.J.DEVADANAM
For Respondent :SRI.SATHISH NINAN, SC FOR SBT
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :21/10/2008
O R D E R
THOMAS P. JOSEPH, J.
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W.P.(C) No.30651 of 2008 y
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Dated this the 21st day of October, 2008.
JUDGMENT
Heard both sides.
2. Petitioner is judgment debtor No.1 in E.P.No.76 of 2007 in
O.S.No.2 of 2006 of Sub Court, Pala. First respondent obtained a decree for
payment of money and in execution, brought the property of the petitioner for
sale. In the meantime, petitioner approached this Court in W.P.(C) No.18567 of
2008 seeking time to pay off the decree amount. Learned Single Judge as per
Ext.P2, judgment dated 20.6.2008 dismissed the Writ Petition but, observed that
if the petitioner paid substantial sum in the executing court, the Sub court will
grant sufficient time to the petitioner (for payment of the balance amount).
Petitioner states that he has by now paid Rs.2,50,000/- out of the total sum of
Rs.4,00,000/-. Petitioner now requests for six months’ time to pay off the
balance amount. Counsel for first respondent stated that around Rs.5,00,000/- is
due as on now.
3. Considering the facts and circumstances of the case, the direction
contained in Ext.P2 as well as the subsequent payment of Rs.2,50,000/- by the
petitioner, I am inclined to grant four (4) months time to the petitioner to pay off
the entire balance amount.
Resultantly, this Writ Petition is disposed of in the following lines:-
WP(C) No.30651/2008
2
Sale of property of the petitioner/judgment debtor No.1 will stand in
abeyance for a period of four (4) months from today on condition that the
petitioner files appropriate statement in the execution court today itself waiving
fresh proclamation for sale and further, that the petitioner deposited in the
execution court for payment to the first respondent the entire balance amount
due under the decree within the said period of four months.
THOMAS P.JOSEPH,
JUDGE.
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