IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 OP(C).No. 2370 of 2011(O) ------------------------- EP NO.309/2009 IN OS 860/2007 OF SUB COURT, THRISSUR PETITIONER (S): -------------------- SHIJIN, S/O.BALAN, THIRUVADATHU HOUSE, THALIKULAM VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN 680001 BY ADV. SRI.K.I.SAGEER IBRAHIM RESPONDENT(S): --------------- SUBITHA LEASING COMPANY LIMITED, REP. BY ITS DIRECTOR, KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN 680001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.2370/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE COPY OF THE SALE NOTICE ISSUED BY THE SUB COURT, THRISSUR INEP NO.309/2009 IN OS NO.860/2007 DATED 8.6.2011 EXT.P2 A TRUE COPY OF THE IA FILED BY THE PETITIONER BEFORE SUB COURT, THRISSUR DATED 21.07.2011 //TRUE COPY// THOMAS P.JOSEPH, J. ==================================== O.P(C). No. 2370 of 2011 ==================================== Dated this the 22nd day of July, 2011 J U D G M E N T Petitioner is the judgment debtor in E.P. No.309 of 2009 in O.S. No.860 of 2007 of the court of learned Sub Judge, Thrissur. Respondent has obtained a money decree and in execution proceeded against property of petitioner. Notice under Rule 66 of Order XXI of the Code of Civil Procedure was served on petitioner. For some reason or the other he did not respond. Now the property is scheduled to be sold on 25.07.2011. At that stage petitioner has approached this Court challenging Ext.P1, sale notice. 2. Petitioner has not availed of the opportunity he had to file objection to the proclamation schedule. That having been not done it is not necessary for this Court to go into the question regarding correctness of Ext.P1, sale notice in this proceeding. However, I am inclined to grant some respite to the petitioner, so that he could approach the executing court and seek relief including installment facility, if any. Resultantly, Original Petition is disposed of directing that sale of property in E.P. No.309 of 2009 in O.S. No.860 of 2007 of O.P(C) No. 2370/2011 -: 2 :- the court of learned Sub Judge, Thrissur scheduled to be held on 25.07.2011 will stand adjourned to a day after one month from this day subject to the following conditions: (a) Petitioner, without prejudice to the contentions he may urge in the executing court shall file an affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for sale. (b) Petitioner shall deposit `40,000/- (Rupees Forty thousand only) in the executing court within three weeks from this day for payment to the respondent. In case any of the above conditions is not complied, it will be open to the executing court to proceed with the sale based on Ext.P1, sale notice. THOMAS P. JOSEPH, JUDGE. vsv