IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 OP(C).No. 3885 of 2011(O) ------------------------------------- [E.P.NO.39/2010 IN O.S. 590/2007 OF PRINCIPAL SUB COURT, NORTH PARAVUR] ............... PETITIONERS: --------------------- 1. PONNAPPAN, AGED 55, S/O. KUMARAN, KANNATHUSSERI CHERAIKKARA, PALLIPPURAM VILLAGE, KOCHI TALUK, PIN - 683 514 2. PRAKASHAN, AGED 58, S/O. KUMARAN, KANNATHUSSERI CHERAIKKARA, PALLIPPURAM VILLAGE, KOCHI TALUK, PIN CODE - 683 514 3. LAIJI, AGED 45, W/O. PONNAPPAN, KANNATHUSSERI CHERAIKKARA, PALLIPPURAM VILLAGE, KOCHI TALUK, PIN - 683 514. BY ADVS. SRI.P.N.RAMAKRISHNAN NAIR, SRI. P. VISWANATHAN. RESPONDENT: ---------------------- PAULOSE, AGED ABOUT 52, S/O. THOMAS THERULLIL HOUSE, MANJUMMAL KARA, ELOOR VILLAGE, PARAVUR TALUK, PIN - 683 517. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.3885/2011-O: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE E.P.NO.39/2010 IN O.S. NO.590/2007. EXT.P.2: COPY OF THE OBJECTION FILED BY THE JUDGMENT DEBTORS. EXT.P.3: COPY OF THE ORDER DTD. 02/09/2011 IN E.P.39/10 IN O.S. 590/07. EXT.P.4: COPY OF THE SALE PROCLAMATION. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3885 of 2011 ==================================== Dated this the 29th day of November, 2011 J U D G M E N T Petitioners are judgment debtors in E.P. No.39 of 2010 in O.S. No.590 of 2007 of the court of learned Principal Sub Judge, North Parur. A compromise decree for payment of money is being executed by the respondent and property of petitioners stands proclaimed for sale on 02.12.2011. According to the learned counsel the amount shown in the sale notice is excessive and the amount actually payable to the respondent is far less than the said amount. Learned counsel requested that petitioners may be granted facility to pay the amount due under the decree in installments. 2. Having heard learned counsel I am inclined to think that request for installment facility has to be made before the executing court and it is for the executing court to decide that request after hearing the respondent also. However, to facilitate that, I am inclined to grant some time to the petitioners. Resultantly, Original Petition is disposed of as follows: O.P(C) No.3885 of 2011 -: 2 :- (a) Petitioners are permitted to request the executing court for facility to pay the amount due under the decree in installments. If any such such request is made the executing court shall decide that request after hearing the respondent as well. (b) Sale of the property of petitioners scheduled to be held on 02.12.2011 shall stand adjourned to a day after one month from 02.12.2011 subject to the following conditions. (i) That, petitioners pay/deposit in the executing court for payment to the respondent Rs.50,000/- (Rupees Fifty thousand only) within two weeks from this day. (ii) That, before the time scheduled for sale of property, petitioners file affidavits in the executing court waiving fresh proclamation for such sale. O.P(C) No.3885 of 2011 -: 3 :- (c) In case any of conditions (i) and (ii) is not complied, it will be open to the executing court to proceed with sale of property. THOMAS P. JOSEPH, JUDGE. vsv