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ABDUL REHMAN P.O., S/O.LATE SAIDALI v. VALANCHERY SPECIAL GRADE PANCHAYATH - WP(C) No. 1306 of 2007(E)  RD-KL 824 (11 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 1306 of 2007(E)
1. ABDUL REHMAN P.O., S/O.LATE SAIDALI,
1. VALANCHERY SPECIAL GRADE PANCHAYATH,
For Petitioner :SRI.E.R.VENKATESWARAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
O R D E R
M.SASIDHARAN NAMBIAR,J.W.P.(C)NO.1306 OF 2007
DATED THIS THE 11th DAY OF JANUARY, 2007
Petitioner is judgment debtor and respondent, the decree holder. This petition is filed under Article 227 of Constitution of India for a direction to the executing Court to grand instalment facility to pay the decree debt.
2. Learned Counsel appearing for petitioner was heard.
3. Learned Counsel appearing for petitioner submitted that the case now stands posted for sale to 22.1.07 and executing Court will not grand instalment facility and therefore there should be a direction to the executing Court to allow instalment facility.
4. If petitioner pays or deposits Rs.30,000/- for payment to the decree holder before the executing Court and files an application before the executing Court to adjourn the sale, executing Court shall adjourn the sale. Meanwhile petitioner is at liberty to file a petition before the executing Court for payment of balance decree debt in instalments. Executing Court to pass appropriate order in the application, if filed in accordance with law. Petition disposed.
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