IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12466 of 2010(O)
1. USHA,AGED 56,D/O.ADATTUVALAPPIL
... Petitioner
Vs
1. P.K.UNNIKRISHNAN,S/O.PULIKKAPPARAMBIL
... Respondent
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :SRI.K.N.PADMAKUMAR
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :31/05/2010
O R D E R
THOMAS P.JOSEPH, J.
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W.P(C) No.12466 of 2010
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Dated this the 31st day of May, 2010
J U D G M E N T
Challenge in this Writ Petition is to Ext.P3, order proclaiming
property of petitioner for sale on 17.05.2010. According to the
petitioner value shown in the proclamation schedule is not correct.
Learned counsel for respondent contends that what is proclaimed
for sale is only 3 cents of land and at the time of filing execution
petition Rs.40,000/- with future interest and costs was due from
the petitioner.
2. It is seen from the order under challenge that value of
the property shown by the petitioner is also directed to be
incorporated in the proclamation schedule. That will take care of
the contention of the petitioner regarding insufficient value of
property proclaimed. Since the total extent involved is only 3
cents there is no possibility of any piecemeal sale. In the
circumstances I do not find anything illegal in the order under
challenge.
3. Petitioner has deposited in the executing court
Rs.10,000/- as per order dated 08.04.2010 and requests that he
W.P(C) No.12466 of 2010
-: 2 :-
may be permitted to pay the balance amount within six months
from this day. Learned counsel for respondent is not agreeable in
granting six months’ time to the petitioner. Having regard to the
circumstances stated I am inclined to permit petitioner to pay
balance amount due under the decree within three months in
installments beginning from 01.07.2010.
Resultantly, Writ Petition is dismissed. But petitioner is
permitted to pay the balance amount due under the decree in
three equal monthly installments beginning from 01.07.2010.
Petitioner shall within two weeks from this day file an affidavit in
the trial court waiving fresh proclamation for sale if property has
already been proclaimed for sale. In case of any default in
payment of instalment or filing the affidavit as aforesaid it will be
open to the respondent to proceed with execution pursuant to
Ext.P3, order.
THOMAS P. JOSEPH, JUDGE.
vsv