IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 FAO.No. 304 of 2011 --------------------------- EA 724/2010 IN EP 9/2008 IN OS.586/2002 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT (S): PETITIONER: -------------------------------------------- MARY, W/O.CHIRAYATH THANJAN OUSEPH, KOTTEKAD DESOM, KUTTUR VILLAGE, THRISSUR TALUK BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): RESPONDENT: ---------------------------------------------- KURILAND (P) LTD., UNITY BUILDING, MANNADIAR LANE, THRISSUR DISTRICT. BY ADV.SRI.M.P.RAMNATH. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- F.A.O.No.304 of 2011 ----------------------------------------- Dated, this the 21st day of October, 2011 J U D G M E N T K.M.Joseph, J. Appellant challenges the order passed by the II Additional Sub Judge, Thrissur in a petition filed under Order 21 Rule 90 of the Code of Civil Procedure. Appellant is the applicant. The court below found that there is no irregularity and there is no evidence of substantial injury as alleged. It was claimed that Rs.68,082/- paid by the appellant was not accounted. The court found that there is no evidence. 2. We heard the learned counsel for the appellant and learned counsel for the respondent who appeared at the admission stage itself. Learned counsel for the appellant would pray that some time may be granted for payment of the decreetal amount. He would say that the appellant will pay a sum of Rs.2 lakhs within one month from today. He prays that appellant may be permitted to pay the balance amount in eight installments. Learned counsel for the respondent opposed the grant of eight installments. We suggested six equal installments apart from FAO 304/2011 -2- payment of Rs.2 lakhs within one month from today. There was no serious opposition. In such circumstances, we dispose of the appeal as follows: The appellant is permitted to pay off the decreetal amount by paying Rs.2 lakhs within one month from today. He shall pay the balance amount in six equal monthly installments. The Ist installment shall be paid on or before 15.12.2011. The further installments shall be paid on or before 15th day of every succeeding month. If the appellant pays the amount as aforesaid, the confirmation of sale shall be kept in abeyance. In case the appellant commits default of payment of Rs.2 lakhs or any of the installments it will be open to the execution court to confirm the sale. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS