High Court Kerala High Court

Kalli Valsala vs Tghe Punjab National Bank on 3 September, 2008

Kerala High Court
Kalli Valsala vs Tghe Punjab National Bank on 3 September, 2008
       

  

  

 
 
  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.

                   -------------------------------

                    W.P.(C) No.26146 of 2008

                   -------------------------------

               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

W.P.(C) No.26146 of 2008

2

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

W.P.(C) No.26146 of 2008

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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.