IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 OP(C).NO. 630 OF 2010(O) -------------------------------------- AGAINST THE ORDER IN EP.35/2008 IN ARC.1379/2005 OF SUB COURT, TIRUR .................... PETITIONER: ------------------- MAMMINIKKANAKATH SHAJAHAJAN, S/O.KUTTY HASSAN, RAYIRIMANGALAM AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): ------------------------ THE SECRETARY, TANUR SERVICE CO-OPERATIVE BANK LTD., POST TANUR, MALAPPURAM DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(C) No.630 of 2010 ==================================== Dated this the 09th day of November, 2010 J U D G M E N T Judgment debtor is the respondent in ARC No.1379 of 2005 of the Assistant Registrar of Co-operative Societies, Tanur which is being executed in E.P. No.35 of 2008 of the court of learned Sub Judge, Tirur. Property of petitioner is being brought up for sale. Petitioner was set ex parte on 18.10.2010. He filed Exts.P2 to P5, objection and application opposing execution. Learned counsel states that before disposing of Exts.P2 to P5, executing court is proceeding for sale of property. 2. Assuming that petitioner was set ex parte in a prior proceeding that does not disentitle him to get notice under Rule 66 of Order XXI of the Code of Civil Procedure when his property is being proceeded against. There is no reason why the executing court will not comply with that provision. If any objection is raised necessarily executing court has to consider the same. Learned counsel submits that given some time, petitioner is prepared to deposit Rs.25,000/- immediately and pay the balance in installments. In the circumstances learned Sub Judge is directed O.P(C) No.630 of 2010 -: 2 :- to consider Exts.P2 to P5 before the property is scheduled for sale. Executing court shall hear counsel on both sides and decide whether petitioner could be permitted to deposit Rs.25,000/- immediately and the balance in installments. Original Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv