IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 OP(C).NO. 2802 OF 2011(O) -------------------------------------- OS.860/2007 OF PRL.SUB COURT,THRISSUR .................... PETITIONER: -------------------- SHIJIN, S/O.BALAN, THIRUVADATHU HOUSE, THALIKULAM VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): -------------------------- SUBITHA LEASING COMPANY LIMITED, REPRESENTED BY ITS DIRECTOR, KUNNAMKULAM P.O., THRISSUR DISTRICT – 680 503. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C)NO.2802 OF 2011 APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF SALE NOTICE DATED 8.6.2011 ISSUED BY SUB COURT, THRISSUR IN E.P. NO.309 OF 2008 IN O.S. NO.860 OF 2007. EXHIBIT P2 TRUE COPY OF I.A. FILED BY THE PETITIONER BEFORE THE SUB COURT, THRISSUR DATED 21.7.2011. EXHIBIT P3 TRUE COPY OF JUDGMENT O.P(C) NO.2370 OF 2011 DATED JULY 22, 2011. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2802 of 2011 ==================================== Dated this the 24th day of August, 2011 J U D G M E N T Petitioner has suffered, according to the learned counsel an ex parte decree for payment of money in O.S. No.860 of 2007 of the court of leaned Sub Judge, Thrissur. When the property was scheduled to be sold for realization of the amount due under the decree petitioner approached this Court with O.P(C) No.2370 of 2011. This Court disposed of the Original Petition as per Ext.P3, judgment dated July 22, 2011 directing that subject to the conditions stated therein the sale will stand adjourned to a day after one month from 25.07.2011. Now, sale of property is scheduled to be held on 25.08.2011 and again, petitioner has approached this Court with this Original Petition. It is submitted that petitioner did not get copy of judgment and decree as applied for. Learned counsel requests that sale may be adjourned to a convenient day. 2. In Ext.P3, judgment this Court directed that sale will stand adjourned to a day after one month from 25.07.2011 on condition of petitioner depositing Rs.40,000/- within three weeks from the date of that judgment for payment to the respondent. O.P(C) No.2802 of 2011 -: 2 :- Learned counsel submitted that the said amount has already been paid. 3. Having regard to the circumstances stated, I am inclined to adjourn the sale for some time but subject to conditions. Resultantly, Original Petition is disposed of in the following lines: (a) Sale of property scheduled to be held on 25.08.2011 is adjourned to a day after one month from 25.08.2011 subject to the following conditions: (i) Petitioner deposited in the executing court for payment to respondent Rs.20,000/- (Rupees Twenty thousand only) within two weeks from this day. (ii) Petitioner files affidavit in the executing court (without prejudice to other contentions of petitioner, if any) before the time scheduled for sale of the O.P(C) No.2802 of 2011 -: 3 :- property waiving fresh proclamation for such sale. (b) It is made clear that if any of the above conditions is not complied it is open to the executing court to proceed with sale of property pursuant to Ext.P1, sale notice. (c) If petitioner is desirous of paying the balance amount in installments (after deposit of Rs.20,000/- as directed above), it is open to the petitioner to make a request in that line in the executing court and if any such request is made executing court shall consider the same and pass appropriate orders after hearing counsel for respondent also. THOMAS P. JOSEPH, JUDGE. vsv