IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 OP(C).No. 3948 of 2011(O) ------------------------- AGAINST THE ORDER DATED 19/10/2011 IN EA.437/2011 IN EP.123/2010 IN ARC.1391/2009 of SUB COURT, MANJERI .................... PETITIONER(S): -------------------- HAFSA KAIPANCHERRY, W/O.UMMER, KONETH HOUSE, UNITY COLLEGE ROAD, NARUKARA P.O., VIA -MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.M.KRISHNAKUMAR RESPONDENT(S): --------------- THE GENERAL MANAGER, MANJERI CO-OPERATIVE URBAN BANK, MANJERI P.O.,MALAPPURAM DISTRICT 676015. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.3948/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE COPY OF THE EXECUTION PETITION NO.123/2010 EXT.P2 A TRUE COPY OF THE OBJECTIONS DATED 18.12.2010 TO EP NO.123/2010 EXT.P3 TRUE COPY OF THE DISCHARGE SUMMARY DATED 4.7.2011 EXT.P4 A TRUE COPY OF THE AFFIDAVIT ACCOMPANYING EA NO.437/2011 EXT.P5 A TRUE COPY OF THE ORDER DATED 19.10.2011 PASSED IN EA NO.437/2011 BY THE SUB COURT, MANJERI. ///TRUE COPY/// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3948 of 2011 -------------------------------------- Dated this the 2nd day of December, 2011. JUDGMENT Notice to the respondent is dispensed with in view of the order I propose to pass. 2. Petitioner is the judgment debtor in E.P.No.123 of 2010 of the court of learned Sub Judge, Manjeri where the award in A.R.C.No.1391 of 2009 is being executed. According to the petitioner, of the amount claimed in the execution petition (`3,66,076/-) he has paid `74,000/-. Property of petitioner is scheduled to be sold on 07.12.2011. It is submitted that petitioner is unable to pay the entire amount in lump. Learned counsel has requested for installment facility to pay the amount. 3. Having heard learned counsel I am inclined to grant some time to the petitioner to pay the amount. Resultantly this Original Petition is disposed of as follows: i. It is directed that sale of property scheduled to be held on 07.12.2011 will stand adjourned to a day after three (3) months from 01.01.2012 subject to the following conditions: OP(C)No.3948/2011 2 (a) that petitioner files affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for such sale. (b) that petitioner pays/deposits in the executing court for payment to the respondent `25,000/- (Rupees twentyfive thousand only) on or before 07.12.2011. (c) that petitioner pays/deposits as above stated for payment to the respondent the entire balance amount due in three equal monthly installments beginning from 01.01.2012 provided that by the last installment the entire amount due is paid. Payment/deposit as aforesaid shall be made on or before 5th of each month and if that day happens to be a holiday, such payment/deposit shall be made on the next working day. ii. It is directed that if any of the above conditions is violated, it will be open to the executing court to proceed with sale of property pursuant to the sale notice already issued. THOMAS P.JOSEPH, Judge. cks