IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 OP(C).No. 870 of 2010(O) ------------------------ AGAINST THE ORDER IN EP.1683/2007 IN OS.1945/2002 of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER/JD: --------------------------------- SINDHU JOSE, AGED 35 YEARS, PROPRIETOR, MARIA FUELS, D/O.PERUMATTIL FRANCIS, PULLUVAZHY. BY ADV. SRI.N.K.MOHANLAL RESPONDENT/DECREE HOLDER: ---------------------------- UNITED PETRO FINANCE LIMITED, WEST FORT, THRISSUR, REPRESENTED BY MANAGING DIRECTOR, SURESH KUMAR, S/O.APPUKUTTAN, PANDARICKAL HOUSE, CHERPPU, PERUMPILLISSERI DESOM, CHOWOOR VILLAGE. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON the SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.870 of 2010 --------------------------------------- Dated this 26th day of November, 2010 JUDGMENT Judgment debtor in E.A.No.1683 of 2007 in O.S.No.1945 of 2002 of the court of learned Munsiff, Thrissur is the petitioner before me. Respondent obtained a money decree and put the decree in execution. At a time when property of petitioner was being brought up for sale, petitioner approached this court in W.P(C).No.24549 of 2009. This court by Ext.P2, judgment permitted petitioner to pay the amount in eight installments @Rs.6,000/- per month beginning from December 2009 onwards on condition that entire amount is paid by the last installment. It is the case of petitioner that amount due as stated in Ext.P3 has been paid, respondent claims further amount and that sale is scheduled to be held on 30-11-2010. Learned counsel submits that without ascertaining the actual balance amount, if any due, sale cannot be conducted and requested for installment facility to pay the balance amount if any found on such verification. 2. Since this court has disposed of the application for installment facility as per Ext.P2, judgment it is not proper for me to grant any further installment facility in the matter but, if O.P(C).No.870 of 2010 : 2 : petitioner has a contention that no further amount is due to the respondent in the light of Ext.P3, statement that objection has to be considered. Hence I direct the executing court to decide the question whether any further amount is due to the respondent, if necessary calling for a statement regarding the balance amount if any due from the respondent also. Executing court shall ascertain the balance amount if any due on or before 03-12-2010 and petitioner shall granted time till 10-12-2010 to pay/deposit the amount if any found due. Resultantly this petition is disposed of with the following direction: (i) Executing court is directed to ascertain balance amount if any due from petitioner on or before 03-12-2010. On such ascertainment if any balance amount is found due he shall be given time till 10-12-2010 to deposit the amount. (ii) Sale of the property will stand adjourned to a day after 10-12-2010 on condition that before the time scheduled for sale petitioner files an affidavit in the executing court waiving fresh proclamation for such sale. In case the amount found due is not paid on or before 10-12- 2010 it will be open to the executing court to conduct sale of the property. (THOMAS P JOSEPH, JUDGE) Sbna/-