IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 32996 of 2009(O) -------------------------- EP NO.74/2008 IN OS.134/2006 of ADDITIONAL SUB COURT, THALASSERY .................... PETITIONER(S): --------------- 1. P.K.CHANDRAN NAIR, S/O.KRISHNAN NAIR AGED 49 YEARS, AGRICULTURIST PONICHERI HOUSE, KELAKAM AMSOM, AND DESOM THALASSERI TALUK. 2. RESMI CHANDRAN, W/O.P.K.CHANDRAN NAIR 39 YEARS, OCCUPATION NIL, PONICHERI HOUSE, KELAKAM AMSOM, AND DESOM THALASSERI TALUK. BY ADV. SRI.K.V.PAVITHRAN SRI.M.P.JAYANANDAN RESPONDENT(S): --------------- THADANGAZIYIL MANOJ T.JOSEPH S/O.JOSEPH, 30 YEARS, SALES OFFICER KOTTIYOOR AMSOM AND DESOM P.O. AMBAYATHODE, THALASSERI. ADV. SRI.GRASHIOUS KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) N.32996/2009 PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF EXECUTION PETITION NO.74/2008 EXT.P2 TRUE COPY OF THE DRAFT SALE PROCLAMATION EXT.P3 TRUE COPY OF COUNTER FILED BY THE JUDGMENT DEBTORS EXT.P4 TRUE COPY OF DOCKET ORDER DATED 18.9.2009 //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.32996 of 2009 -------------------------------------- Dated this the 22nd day of July, 2010. JUDGMENT Judgment debtors in E.P.No.74 of 2008 in O.S.No.134 of 2006 of the court of learned Additional Sub Judge, Thalassery are the petitioners before me. They are aggrieved by Ext.P4, order . Grievance is that value of property stated by petitioners in their counter to the draft sale proclamation is not incorporated by respondent/decree holder. However, when the matter came up for hearing learned counsel for petitioners requested time to pay off the amount due under the decree. He has requested nine (9) months time to pay balance amount due under the decree. Learned counsel for respondent is not agreeable to granting that much time. 2. It is not disputed that pursuant to the order of this Court on 16.12.2009 petitioners have deposited Rupees one lakh in the executing court. Petitioners undertake to deposit a further sum of Rupees one lakh on or before 31.07.2010. Having considered the request of learned counsel for petitioners and the views of learned counsel for respondent/decree holder I am inclined to grant some time to the petitioners to pay the balance amount due under the decree. Resultantly, this Writ Petition is disposed of in the following lines: i. Petitioners shall deposit Rupees one lakh in the executing court on or before 31.07.2010. WP(C) No.32996/2009 2 ii. Petitioners shall deposit the balance amount due under the decree in eight (8) monthly installments at the rate of not less than Rupees one lakh beginning from 01.09.2010. Amount shall be deposited on or before the fifth (5th ) of every month. By the expiry of the said period of eight months petitioners shall have discharged entire liability due under the decree. iii. In case of default in deposit of any two installments or, entire balance amount is not paid within the time aforesaid, it will be open to the respondent to proceed with execution pursuant to Ext.P4, order. iv. It is directed that execution proceedings shall stand in abeyance during the said period of eight (8) months beginning from 01.09.2010 or, till petitioners commit default as stated in clause (iii) above, whichever is earlier. v. Amount in deposit and to be deposited by petitioners can be withdrawn by the respondent. THOMAS P.JOSEPH, Judge. cks