IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 OP(C).No. 3216 of 2011(O) ------------------------- EP NO.273/2009 IN OS 303/2008 OF PRINCIPAL MUNSIFF, CHERTHALA PETITIONER (S): -------------------- R.SIDHARTHAN, S/O.K.S.RAGHAVAN, KAMALA NIVAS, CHERTHALA EAST MURI, KOKKOTHAMANGALAM VILLAGE, CHERTHALA, ALAPPUZHA DISTRICT, PIN 688521. BY ADV. SRI.BOBBY JOHN RESPONDENT(S): --------------- 1. VINODINI AMMA, W/O.SANTHAPPAN, KARTHIKA NILAYAM, KOTTEMURI, THRRIKKUNAPUZHA VILLAGE, ALAPPUZHA, PIN 688521. 2. SARASAKUMARI AMMA, W/O.SREEDHARAN, MANIMANDIRAM, KATTIKUNNU MURI, PUTHOTTA, CHEMBU VILLAGE, KOTTAYAM, PIN 688521. 3. SUBHADRA AMMA, W/O.PARAMESWARAN, PALAKKEDIYIL, VADAKKE MURI VILLAGE, VAIKOM, PIN 688521. 4. RAMADEVI, W/O.RAVEENDRAN, KANNANKULATHIL, MULAMTHURUTHY VILLAGE, ERNAKULAM, PIN 688548. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.3216/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE EXECUTION PETITION NO.273/2009 EXT.P2 TRUE COPY OF THE ORDER DATED 31.08.2011 PASSED BY THE PRINCIPAL MUNSIFF COURT, CHERTHALA IN EP 273/2009 IN OS 303/2008 //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3216 of 2011 -------------------------------------- Dated this the 4th day of October, 2011. JUDGMENT Petitioner is the judgment debtor in E.P.No.273 of 2009 in O.S.No.303 of 2008 of the court of learned Principal Munsiff, Cherthala in execution of a money decree obtained by the respondent. The property of petitioner is being brought up for sale and the sale is scheduled to be held on 10.10.2011. By Ext.P2, order, the executing court taking into account the valuation certificate and Gazatte notification regarding value of the property fixed the upset price at `39,506/-. 2. Leaned counsel contended that property is situated in an important part of Cherthala Town and that upset price fixed is not correct. 3. Going by Ext.P2, order I do not find reason to accept that contention. It is to be rejected. But I am inclined to permit petitioner request the executing court to grant time for payment of the amount due if necessary in installments after hearing the respondents also but, subject to conditions. Resultantly this Original Petition is disposed of as follows: i. It is directed that sale of property of petitioner scheduled to be held on 10.10.2011 will stand adjourned to a day after one month from that day subject to the following conditions: (a) Petitioner shall file an affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for such sale. OP(C)No.3216/2011 2 (b) Petitioner shall deposit in the executing court for payment to the respondent `15,000/- (Rupees fifteen thousand only) on or before 10.10.2011. ii. In case any of the conditions [(a) and (b)] is not complied, it will be open to the executing court to proceed with the sale scheduled to be held on 10.10.2011. iii. Petitioner, on compliance of the above conditions may request the executing court for time for payment of the balance amount due. THOMAS P.JOSEPH, Judge. cks