IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 OP(C).NO. 3030 OF 2011(O) --------------------------------------- OS.178/2007 OF II ADDL.SUB COURT,THRISSUR .................... PETITIONER: ------------------- PRABHAKARAN, AGED 63 YEARS, S/O.KUTTIKRISHNAN NAIR, OOTHAPPILLY HOUSE, ALPARA, KANNARA.P.O., PEECHI ROAD, TRICHUR. BY ADV. SMT.E.V.MOLY RESPONDENT(S): ------------------------- THE STATE BANK OF INDIA, PEECHI BRANCH REPRESENTED BY ITS BRANCH MANAGER, PIN 680653. BY ADV. K.K.CHANDRAN PILLAI, SR. ADVOCATE ADV. SHRI A.S.SAJUSH PAUL THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.3030 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT P1 TRUE COPY O THE AUCTION NOTICE DATED 01.09.2011 RECEIVED BY THE PETITIONER ON 06.09.2011. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3030 of 2011 ==================================== Dated this the 22nd day of September, 2011 J U D G M E N T Respondent appears through counsel. 2. Petitioner is the judgment debtor in E.P. No.297 of 2010 in O.S. No.178 of 2007 of the court of learned Additional Sub Judge-II, Thrissur. Petitioner has suffered a money decree which according to the petitioner is ex parte and in execution of that decree property of petitioner is being brought up for sale on 27.09.2011. Amount due to the respondent comes to around Rs.4,14,000/-. Petitioner wants breathing time to discharge the decree debt and save the property from sale. Leaned counsel submitted that petitioner is prepared to pay Rupees One lakh on or before 26.09.2011 and the entire balance amount in lump or installments within three months from 01.11.2011. 3. Learned counsel for respondent submitted that suit was filed in the year 2007 and substantial amount is due from the petitioner. O.P(C) No.3030 of 2011 -: 2 :- 4. Having regard to the circumstances stated I am inclined to grant time to the petitioner to discharge the decree debt. Resultantly, this Original Petition is disposed of as follows: (a) Petitioner shall deposit in the executing court for payment to the respondent Rupees One lakh on or before 26.09.2011. (b) Petitioner is granted three months' time from 01.11.2011 to pay/deposit in the executing court the balance amount due under the decree either in lump or in installments. (c) It is directed that sale of the property scheduled to be held on 27.09.2011 will stand adjourned to a day after three months from 01.11.2011 subject to the condition that petitioner deposited Rupees One lakh as stated in clause (a) above and filed affidavit before the time scheduled O.P(C) No.3030 of 2011 -: 3 :- for sale waiving fresh proclamation for sale. (d) It is made clear if any of conditions (a), (b) and (c) is not complied it is open to the executing court to proceed with the sale of property pursuant to Ext.P1, sale notice. THOMAS P. JOSEPH, JUDGE. vsv