IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.CHITAMBARESH THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 5552 of 2009(O) ------------------------- AGAINST THE ORDER IN EP 575/07 IN OS.1677/2004 of MUNSIFF COURT,CHAVAKKAD .................... PETITIONER(S): --------------- STOY.T.MUTTATH, AGED 41 YEARS, S/O.MUTTATH THARY THAIKKAD VILLAGE AND DESOM, CHAVAKKAD TALUK, THRISSUR. BY ADV. SRI.RAJIT RESPONDENT(S): --------------- 1. KARUNYA KURIES AND LOANS , CHEMBUKKAVU VILLAGE AND DESOM, THRISSUR TALUK, REP. BY CHAIRMAN THOMAS. 2. K.GOPAKUMAR, S/O.KANGASSERY CHANDRASEK- ARAN NAIR, GURUVAYUR VILLAGE AND DESOM, CHAVAKKAD TALUK, THRISSUR. ADV. SRI.K.JAYAKUMAR FOR R1 SRI.P.B.KRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 5552 OF 2009 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 : TRUE COPY OF THE DECREE PASSED BY THE 3RD ADDITIONAL MUNSIFF COURT, THRISSUR, DATED 11.09.2006 IN O.S. NO. 1677/2004. EXHIBIT P2 : TRUE COPY OF THE EXECUTION PETITION E.P. 575/2007 IN O.S. NO. 1677/2004 FILED BY THE 1ST RESPONDENT BEFORE THE MUNSIFF COURT, CHAVAKKAD. EXHIBIT P3 : TRUE COPY OF THE COUNTER FILED BY THE PETITIONER IN E.P. 575/2007 IN O.S. NO. 1677/2004 OF THE MUNSIFF'S COURT, CHAVAKKAD. EXHIBIT P4 : TRUE COPY OF THE SALE PROCLAMATION ISSUED BY THE MUNSIFF'S COURT, CHAVAKKAD. /TRUE COPY/ P.A. TO JUDGE. V. CHITAMBARESH, J -------------------------------- WP(C) NO. 5552 OF 2009 ------------------------------------ Dated this the 24th day of November, 2011. JUDGMENT The property of the writ petitioner was sought to be sold in execution of a money decree. Ext.P4 is the sale proclamation of his residential house. The same is challenged on the ground that his salary could be attached instead of selling the property. An interim order of stay was granted on 19.02.2009 on condition that the writ petitioner pays a sum of Rs.20,000/- within a period of one month. 2. The petitioner confines his relief and prays for facility to pay the decree debt in instalments at the time of hearing. The balance amount due under the decree can be paid to the decree holder in monthly instalments of Rs.10,000/-. The first respondent decree holder has no serious objection to this course provided instalments are paid from 01.01.2012 onwards. If any default is committed by the petitioner, it is open to the execution court to bring the property covered by Ext.P4 to sale. No other point is urged. 2 WP(C) No. 5552/2009 3. The writ petition is disposed of as above. It is made clear that payment in instalments has to be effected every month from 01.01.2012 onwards; lest the default clause would operate. V. CHITAMBARESH JUDGE dnc