IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 OP(C).No. 2895 of 2011(O) ------------------------------------- E.P.641/2010 IN OS.147/2009 OF SUB COURT, ERNAKULAM .................... PETITIONERS: ---------------------- 1. K.K. SURESH BABU, SON OF KRISHNAN, AGED 60, KARIPPAYIL HOUSE, THRIKKANARVATTOM DESOM, ERNAKULAM NORTH, KOCHI-18. 2. K.K. SASEENDRAN, SON OF KRISHNAN, AGED 51, KADAVUMGASSERRY HOUSE, KONTHURUTHY, KOCHI-18. BY ADV. SRI.T.B.THANKAPPAN, SRI.T.T.HARIKUMAR. RESPONDENT(S): -------------------------- V.S. LALAN, SON OF SANKUNNI, AGED 45, SRITHUNIDHILAYAM, DOOR NO:CC 32/1657 C, BY-PASS, PALARIVATTOM, ERNAKULAM DISTRICT. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 2895 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE E.P. NO.641/2010 IN O.S.147/2009 OF THE SUB COURT, ERNAKULAM DATED 22/10/2010. EXT.P2: COPY OF THE OBJECTION FILED BY THE PETITIONER E.P. NO.641/2010 IN O.S. NO.147/2009 OF THE SUB COURT, ERNAKULAM DATED 28/03/2011. EXT.P3: COPY OF THE SAID SKETCH. EXT.P4: COPY OF THE DRAFT SALE PROCLAMATION DATED 08/07/2011. EXT.P5: COPY OF THE FILED BY THE PETITIONERS E.P. NO.641/2010 IN O.S. NO.147/2009 DATED 19/07/2011. EXT.P6: COPY OF THE ORDER IN E.P. NO.641/2010 IN O.S. NO.147/2009 BEFORE THE SUB COURT, ERNAKULAM DATED 22/07/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2895 of 2011 --------------------------------------- Dated this 02nd day of September, 2011 JUDGMENT Respondent appears through counsel. 2. Petitioners are the judgment debtors in E.P.No.641 of 2010 in O.S.No.147 of 2009 of the Court of learned Second Additional Sub Judge, Ernakualm. That was a suit for recovery of money which was settled in the Adalath. Since petitioners did not pay the amount, respondent filed E.P.No.641 of 2010 and the 44.908cents belonging to the petitioners was brought up for sale. At that stage, petitioners raised a contention that a portion of the property is sufficient to satisfy the decree debt. Executing court considered that objection and directed that 15 cents will be sold for recovery of the amount and the respondent was directed to produce a sketch of the said 15 cents. Accordingly a sketch was produced showing 15.073 cents (to be proclaimed and sold). Its value was assessed by the respondents as `.39,18,980/- (@`.2,60,000/- per cent). As per direction of the executing court, respondent produced a revised DSP showing the value as `.39,95,000/-. The value suggested by petitioners (at `.3,50,000/- per cent) was also incorporated in the revised DSP. When that O.P(C).No.2895 of 2011 -: 2 :- property was put up for sale this day petitioner has approached this Court with this original petition raising various contentions. 3. When the matter came up for hearing learned counsel for petitioners submitted that petitioners are ready to discharge the entire liability before 31.12.2011. It is submitted that petitioners are prepared to pay `.5,00,000/- this day, another `.5,00,000/- before 30.09.2011 and the entire balance amount on or before 31.12.2011. Learned counsel for respondent also is agreeable for the suggestion. Hence, that is accepted. Resultantly this original petition is disposed of in the following lines: (i) Petitioners are permitted to pay the amount due under the decree in installments in the following way; (a) Petitioners shall pay to the respondent/deposit in the executing court for such payment `.5,00,000/- (Rupees Five Lakhs Only) this day itself. (b) Petitioners shall pay/deposit a further sum of `.5,00,000/- (Rupees Five Lakhs Only) for payment to the respondent on or before 30.09.2011. (c) The entire balance amount due under the decree shall be paid by the petitioners/deposited in the executing court for O.P(C).No.2895 of 2011 -: 3 :- payment to the respondent on or before 31.12.2011. (d) It is made clear that in case any of the installments as above stated is defaulted and/or the entire balance amount is not paid on or before 31.12.2011, it will be open to the respondent to proceed with sale of the property as ordered by the executing court. (e) Petitioners shall file an affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for such sale. (f) Proceeding for sale of the property will stand in abeyance during the above said period or till default is committed, whichever is earlier. (THOMAS P JOSEPH, JUDGE) Sbna/-