IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 OP(C).No. 2701 of 2011(O) ------------------------------------- [OS.NO.147/2009 OF ADDITIONAL SUB COURT,KOTTAYAM] .................... PETITIONER: ------------------- P.M.MUHAMMEDALI, AGED 62 YEARS, S/O.HASSAN BAVA RAWTHER, PUTHUPARAMBIL HOUSE, NEAR M.Y.M.A., KAVALA, CHANGANASSERY. BY ADV. SRI.E.S.M.KABEER. RESPONDENT: ---------------------- THE MANAGER, STATE BANK OF TRAVANCORE, S.B.COLLEGE BRANCH, CHANGANASSERY-686 101. BY ADV.SRI.K.S.DILIP, S.C. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.2701/2011-O: APPENDIX PETITIONER'S EXHIBITS: EXT.P.1: COPY OF THE RELEVANT EXTRACT OF THE PASS BOOK. EXT.P.2: COPY OF THE PLAINT IN O.S. NO.147/'2009 FILED BY THE RESPONDENT BEFORE THE SUB COURT, KOTTAYAM. EXT.P.3: COPY OF THE JUDGMENT IN O.S. NO.147/2009 DTD.30/11/09. EXT.P.4: COPY OF THE EXECUTION PETITION NO.320/2010 BEFORE THE SUB COURT,KOTTAYAM. EXT.P.5: COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE SUB COURT, KOTTAYAM. EXT.P.6: COPY OF THE I.A. NO.2622/2011 DTD.10/08/2011. EXT.P.7: COPY OF THE PETITION TO CONDONE THE DELAY I.A.NO.2621/2011. RESPONDENT'S EXHIBITS: //TRUE COPY// P.A. TO JUDGE. Prv. THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2701 of 2011 --------------------------------------- Dated this 16th day of August, 2011 JUDGMENT Respondent appears through counsel. 2. Petitioner is judgment debtor in E.P.No.320 of 2010 in O.S.No.147 of 2009 of the Court of learned Sub Judge, Kottayam. Respondent has obtained a decree for recovery of money against him on 30.11.2009 and pursuant to the execution proceeding, property of petitioner is being brought up for sale. Petitioner seeks two months' time to clear the liability. I have heard learned counsel for respondent also. 2. Having regard to the difficulties stated by learned counsel I am inclined to grant some time. Resultantly this original petition is disposed of in the following lines: (i) Petitioner is granted two months' time to clear the liability to the respondent. (ii) The sale of property scheduled will stand adjourned to a day after two months from this day on condition that petitioner filed an affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for such sale. O.P(C).No.2701 of 2011 -: 2 :- (iii) In case the affidavit as aforesaid is not filed within time or, entire liability is not cleared with the time granted hereby, it will be open to the respondent to proceed with sale of the property. Sd/- (THOMAS P JOSEPH, JUDGE) Sbna/-