IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 OP(C).No. 2814 of 2011(O) ------------------------- EP NO.325/2008 IN OS.290/2006 of I ADDL.MUNSIFF COURT,NEYYATTINKARA .................... PETITIONER (S)/JUDGMENT DEBTOR/DEFENDANT: -------------------- SOBHANAKUMAR, S/O. VARGHEES NADAR, PARAYIL VEEDU, PONGIL, VENPAKAL DESOM, ATHIYANNOOR VILLAGE. BY ADV. SRI.R.T.PRADEEP SRI.SREEKANTH S.NAIR RESPONDENT(S)/DECREE HOLDER/PLAINTIFF: --------------- AMBILI W/O.MADHU, AGED 30 YEARS, KOTTAMPAZHINJI VEEDU, MELEVILAKAM, KANJIRAMKULAM NOW RESIDING AT ANOOP BHAVAN, KAKKARAMELE, VANDITHADAM, KARAKKONAM KUNNATHUKAL VILLAGE – 695 504. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.2814/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF EP NO.325/2008 IN OS NO.290/2006 DATED 15.10.2008 FILED BY RESPONDENT BEFORE MUNSIFF COURT, NEYYATTINKARA EXT.P2 TRUE COPY OF OBJECTION IN EP NO.325/2008 FILED BY RESPONDENT BEFORE THE MUNSIFF COURT, NEYYATTINKARA EXT.P3 TRUE COPY OF THE APPLICATION IN IA NO.2160/2009 IN OS 290/2006 DATED 8.4.2009 FILED BY PETITIONER HEREIN BEFORE MUNSIFF COURT, NEYYATTINKARA EXT.P4 TRUE COPY OF ORDER IN EP NO.325/2008 IN OS NO.290/2006 DATED 16.6.2011 OF ADDL.MUNSIFF -I, NEYYATTINKARA EXT.P5 TRUE COPY OF ORDER IN EA NO.841/2010 IN EP NO.325/2008 IN OS NO.290/2006 DATED 16.6.2011 OF ADDL.MUNSIFF -I, NEYYATTINKARA EXT.P6 TRUE COPY OF ORDER IN EP NO. 325/2008 IN OS NO.290/2006 DATED 25.7.2011 OF ADDL.MUNSIFF -I, NEYYATTINKARA EXT.P7 TRUE COPY OF OBJECTION DATED 8.2.2010 FILED AGAINST THE PROCLAMATION & SALE OF PROPERTY. //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2814 of 2011 -------------------------------------- Dated this the 25th day of August, 2011. JUDGMENT Petitioner is the judgment debtor in E.P.No.325 of 2008 in O.S.No.290 of 2006 of the court of learned Additional Munsiff-I, Neyyattinkara. Respondent has obtained a decree for recovery of money from petitioner and has put the decree in execution. Property of the petitioner was brought up for sale. The executing court vide Ext.P4, order dated June 16, 2011 on E.P.No.325 of 2008 fixed the upset price at Rupees one lakh and directed that the property to be proclaimed and sold. Learned counsel states that sale is scheduled to be held on 27.08.2011. 2. Though there are various contentions raised in the execution petition, learned counsel has requested without prejudice to the contentions petitioner has raised in I.A.No.2160 of 2009 to permit him pay the amount in installments. I am inclined to think that the request for installment facility should be made before the executing court and it is for that court to consider that request after hearing counsel for respondent also. However I am inclined to grant some time to the petitioner so that in the meantime, he could request for installment facility in the executing court. Resultantly this Original Petition is disposed of in the following lines: i. Petitioner is permitted to request the executing court for OP(C) No.2814/2011 2 installment facility to pay the entire amount due in installments. If any such request is made, executing court shall decide on that request after hearing counsel for respondent also. ii. It is directed that the sale of property of petitioner scheduled to be held on 27.08.2011 will stand adjourned to a day after one month from 27.08.2011 subject to the following conditions: (a) Without prejudice to the contentions that petitioner has raised in I.A.No.2160 of 2009, he shall file an affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for such sale. (b) Petitioner shall deposit in the executing court `30,000/- (Rupees thirty thousand only) within three weeks from this day for payment to the respondent. iii. In case any of the conditions [(a) and (b)] is not complied, it will be open to the executing court to proceed with the execution pursuant to the order already passed by it. THOMAS P.JOSEPH, Judge. cks