IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 OP(C).No. 3246 of 2011(O) ------------------------- EP.233/2009 IN OS.307/2008 of PRINCIPAL SUB COURT, THALASSERY .................... PETITIONER(S): ------------------------------ K.A.NAZAR, S/O.KUNJAMINA, AGED 37 YEARS, VARUTTU THODE HOUSE, CHAPPA, SIVAPURAM, MELOOR, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- SREE GOKULAM CHITS AND FINANCE CO.PVT. LTD., ARCOT ROAD, KODAMPAKKAM, CHENNAI-24, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER K.V.UNNIKRISHNAN, ASSISTANT BUSINESS MANAGER, SREE GOKULAM CHITS AND FINANCE CO.PVT.LTD.,IRITTY BRANCH, IRITTY PO, KANNUR-670 703. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.3246/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF SALE PROCLAMATION IN EP NO.233/2009 IN OS 307/2008 OF PRINCIPAL SUB COURT, THALASSERY. //TRUE COPY// THOMAS P.JOSEPH, J. ==================================== O.P(C) No. 3246 of 2011 ==================================== Dated this the 11th day of October, 2011 J U D G M E N T Petitioner is the 3rd judgment debtor in E.P.No.233 of 2009 in O.S. No.307 of 2008 of the court of learned Principal Sub Judge, Thalassery. 2. Respondent has obtained a decree for recovery of money against petitioner and others. Property of petitioner (of which he has co-ownership right, according to him) is proclaimed for sale on 12.10.2011. According to the petitioner, property is worth more than Rupees Twenty lakhs and the sale proclamation is not valid. It is requested that petitioner may be permitted to pay the amount due under the decree in installments. 3. Having heard counsel for petitioner I do not find reason to interfere with the sale proclamation. But I am inclined to permit petitioner request the executing court to permit him pay the amount in installments and to facilitate that, sale of the property could be kept in abeyance. Original Petition is disposed of as follows: (a) Petitioner is permitted to request the executing court O.P(C) No. 3246/2011 -: 2 :- for facility to pay the amount due in installments. If any such request is made, the executing court shall consider the same and pass appropriate orders after hearing the respondent as well. (b) It is directed that sale of property scheduled to be held on 12.10.2011 will stand adjourned to a day after one month from this day subject to the following conditions: (i) That petitioner pays/deposits in the executing court for payment to the respondent `50,000/- (Rupees Fifty thousand only) within two weeks from this day. (ii) That petitioner files affidavit in the executing court before the time scheduled for sale of the property waiving fresh proclamation for sale. In case any of conditions (i) and (ii) is not complied, it will be open to the executing court to proceed with the sale. THOMAS P. JOSEPH, JUDGE. vsv