IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 OP(C).No. 442 of 2010(O) ------------------------ AGAINST THE ORDER IN EP 359/2009 IN OS.19/2008 of PRINCIPAL SUB COURT,IRINJALAKUDA .................... PETITIONER(S): -------------------- BEENA, W/O.NALAKATH FAISAL, NALAKATH HOUSE, VADAKKUMBHAGHOM VILLAGE, MAREKKAD DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENT(S): --------------- 1. ALI JAFFER, S/O.NALAKATH LATE ABDUL KHADER, VADAMA VILLAGE & DESOM, MUKUNDAPURAM TALUK THRISSUR DISTRICT. 2. THAHIR, S/O.NALAKATH LATE ABDUL KHADER, VADAMA VILLAGE & DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.442 of 2010 -------------------------------------- Dated this the 26th day of October, 2010. JUDGMENT This petition is filed by the judgment debtor in E.P.No. 359 of 2009 in O.S.No.19 o 2008 of the court of learned Sub Judge, Irinjalakkuda. That is a suit filed by the respondents for specific performance of an agreement for sale. The matter was settled in Adalath as per which petitioner had to pay the amount due to the respondents with interest. On account of non-payment of the entire amount, respondents filed E.P.No.359 of 2009 and property of petitioner has been brought up for sale. Though several grounds are urged in this petition now the request is only for some time to pay the amount due under the decree. Learned counsel seeks six (6) months' time to discharge the liability. 2. Having regard to the facts and circumstances I am inclined to grant four (4) months' time from 20.11.2010 to the petitioner to discharge liability subject to condition. Resultantly this petition is disposed of in the following lines: i. Petitioner is granted four (4) months' time from 20.11.2010 to pay the amount due under the decree and sale of the property will stand in abeyance for the said period of four (4) months subject to the following conditions: (a) Petitioner files an affidavit in the executing court OP(C) No.442/2010 2 before the time scheduled for sale of property waiving fresh proclamation for such sale. (b) Petitioner deposits Rs.50,000/- (Rupees Fifty thousand only) in the executing court for payment to respondents on or before 30.11.2010. (c) Petitioner continues to deposit in the executing court for payment to respondents at the rate of Rs.50,000/- (Rupees Fifty thousand only) per month starting from 30.11.2010 (ie. payment shall be on or before 30.12.2010) provided that by the last installment entire amount due under the decree is paid. (d) In case any installment is defaulted or the entire amount is not paid within the time granted hereby it will be open to respondent No.1 to proceed with sale of the property. ii. If petitioner has any objection regarding interest payable as per the award and as claimed in the execution petition, petitioner may raise that objection before the executing court and if any such objection is raised executing court shall decide the same as provided under law. THOMAS P.JOSEPH, Judge. cks