IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 OP(C).No. 1365 of 2011(O) OS.NO.80/2000 OF MUNSIFF'S COURT, KANJIRAPPALLY PETITIONER: -------------------- SUKUMARAN, S/O. RAMAN, KANJIRAKATTU HOUSE, ERUMELY KARA, ERUMELY SOUTH VILLAGE. BY ADV. SRI.T.I.ABDUL SALAM SRI.PHILIP.T.VARGHESE RESPONDENTS: --------------- 1. RAJAMMA, W/O. VASUPILLAI, VELANPARAMBIL HOUSE, ERUMELY SOUTH.P.O, KOTTAYAM - 686 509. 2. SANTHOSHKUMAR, S/O. VASUPILLAI, VELANPARAMBIL HOUSE, ERUMELY SOUTH.P.O, KOTTAYAM - 686 509. R2 BY ADV. SRI.WILSON URMESE THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 1365 OF 2011 O ------------------------------------------------------ Dated this the 7th day of June, 2011 JUDGMENT The petitioner is the decree holder in O.S.No.80 of 2000 on the file of the Court of the Munsiff of Kanjirappally. The decree is for payment of money. The decree holder filed E.P.No.43 of 2004 for executing the decree by attachment and sale of the property belonging to the respondents/judgment debtors. The grievance of the petitioner is that though the Execution Petition was filed in 2004, even now final orders have not been passed and the amount has not been realized by sale of the property of the judgment debtors. 2. It is stated by the learned counsel for the petitioner that the total amount claimed in the Execution Petition is `1,24,000/-. Subsequent interest is also due. The counsel also submitted that after filing the Original Petition, the judgment debtors paid a sum of `65,000/-. Including that amount, the total payment would come to around `1,25,000/-. O.P.(C) NO.1365 OF 2011 :: 2 :: 3. Learned counsel appearing for the respondents/judgment debtors submitted that the balance amount would be paid without much delay. He submitted that six months' time may be granted to pay the balance amount. Grant of six months' time is opposed by the learned counsel appearing for the petitioner/decree holder. In the facts and circumstances of the case, the Original Petition is disposed of as follows: a) The judgment debtors are granted three months' time from today to pay the decree amount. They are free to pay the amount either in lump or in instalments. b) If the whole of the decree amount is not paid within three months from today, the executing court shall proceed with the sale of the property belonging to the judgment debtors. (K.T.SANKARAN) Judge ahz/