IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 OP(C).No. 1095 of 2010(O) ------------------------- PETITIONER ------------------------------ KARATTUCHALI SAINUDHEEN, S/O.MAMMED HAJI, KARATTUCHALI HOUSE, EDAPPARAMBA, OZHUKOOR, MORAYOOR POST, MALAPPURAM DISTRICT. BY ADV. SRI.C.S.MANILAL RESPONDENTS: --------------- 1. THE MANJERI CO-OPERATIVE URBAN BANK LTD. REPRESENTED BY THE GENERAL MANAGER, MANJERI P.O., MALAPPURAM DISTRICT. 2. THE GENERAL MANAGER, MANJERI CO-OPERATIVE URBAN BANK LIMITED,MANJERI PO MALAPPURAM DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.1095 of 2010 --------------------------------------- Dated this 10th day of December, 2010 JUDGMENT Petitioner has suffered a decree for payment of money to respondent No.1 in A.R.C.627 of 2002 and that decree is being executed in the court of learned Sub Judge, Manjeri in E.P.No.115 of 2008 for realisation of the amount. Property of petitioner was brought up for sale and it was being adjourned on petitioner making certain payments. At a time when petitioner did not pay the amount executing court proclaimed the property for sale on 22-12-2010. Exts.P7 and P8, applications are under challenge in this proceeding. 2. When the matter came up for hearing learned counsel requested that petitioner may be granted some time to pay the amount due under the decree. Other contentions raised in the petition are not pursued before me. 3. It is stated by learned counsel that on account of financial difficulties petitioner is not able to pay the entire amount in lump. Learned counsel states that of the amount due, substantial amount has already been deposited and if given time petitioner is willing to pay the balance amount as well. It is stated that sale is posted on 22-12-2010. O.P(C).No.1095 of 2010 : 2 : 4. Having regard to the circumstances stated by learned counsel I am inclined to give petitioner four months' time from 17-12-2010 to discharge the liability. Resultantly this petition is disposed of in the following lines: Petitioner is granted four (4) months' time from 17-12-2010 to pay the amount due under the award to respondent No.1. The sale of property scheduled on 22-12-2010 will stand adjourned to a day after the said period of four months subject to the following conditions: (i) Petitioner shall file an affidavit in the executing court before 22-12-2010 waiving fresh proclamation for such sale. (ii) Petitioner shall pay the amount in four equal monthly instalments beginning from 17-12-2010 provided that by the last instalment the entire amount due is paid. (iii) The amount shall be deposited in the executing court for payment to respondent No.1 on or before the 20th of each month beginning from 17-12-2010 (in case 20th is a holiday deposit shall be on the next working day). In case of default in payment of any instalment or, failure to pay the amount within the time granted hereby it will be open to the respondent to proceed with sale and realise the amount due. (THOMAS P JOSEPH, JUDGE) Sbna/-