IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 OP(C).No. 2476 of 2011(O) ------------------------- OS.68/2005 of PRL.SUB COURT,IRINJALAKUDA .................... PETITIONERS ---------------------- 1. M.V.JACOB, S/O.M.P.VARGHESE, AGED 47 YEARS, MECHERY HOUSE, PALAPPILLY, K.KUNNU POST, MELOOR VILLAGE, MUKUNDAPURAM, THRISSUR DISTRICT. 2. M.P.VARGHESE, S/O.LATE PYLOTH, MECHERY HOUSE, PALAPPILLY, K.KUNNU POST, MELOOR VILLAGE, MUKUNDAPURAM, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENT --------------------- THE FEDERAL BANK LTD., ALUVA, REPRESENTED BY ITS SENIOR MANAGER, CHALAKUDY BRANCH, THRISSUR DISTRICT. 680 307. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 2476 of 2011(O) --------------------------------------- APPENDIX -------------- EXT.P1. COPY OF DECREE DT. 30.9.205 IN O.S. NO.68/2005 ON THE FILE OF PRL. SUB COURT, IRINJALAKUDA. EXT.P2. COPY OF E.P. NO.137/2006 FILED BY THE RESPONDENT. EXT.P3. SERIES. COPY OF RECEIPTS ISSUED BY THE RESPONDENT. EXT.P4. COPY OF STATEMENT OF CALCULATION MADE BY THE PETITIONERS. EXT.P5. COPY OF THE RECEIPT DATED 8.2.2010 ISSUED BY THE RESPONDENT BANK. EXT.P6. COPY OF THE ORDER DT. 25.5.2011 IN E.A. NO.339/2011 IN E.P. 137/2006 OF PRL. SUB JUDGE, IRINJALAKUDA. EXT.P7. COPY OF THE AUCTION NOTICE DT. 11.7.2011 RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE CPY / P.A. TO JUDGE VK THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2476 of 2011 --------------------------------------- Dated this 29th day of July, 2011 JUDGMENT Petitioners are judgment debtors in E.P.No.137 of 2006 in O.S.No.68 of 2005 of the Court of learned Sub Judge, Irinjalakkuda. The property of petitioners is being brought up for sale on 01.08.2011 and this original petition is filed on 28.07.2011 requesting for interference. According to the petitioners the entire amount paid to the respondent has not been given credit. 2. When the matter came up for hearing learned counsel has requested time for payment of the balance amount. It is prayed that petitioners may be permitted to pay the amount in installments. 3. The question whether petitioners should be permitted to pay the amount due in installment is a matter which the executing court has to decide after hearing counsel for respondent also. However, considering the fact that the property is being brought up for sale on 01.08.2011, I am inclined to grant some time to the petitioners to make a request before the executing court for payment of the amount in installment but, subject to condition. O.P(C).No.2476 of 2011 -: 2 :- Resultantly this original petition is disposed of in the following lines: It is directed that the sale scheduled to be held on 01.08.2011 in E.P.No.137 of 2006 in O.S.No.68 of 2005 of the Court of learned Sub Judge, Irinjalakkuda will stand adjourned to a day after one month from this day subject to the following conditions: (i) Petitioners shall file affidavit in the executing court before the time fixed for sale waiving fresh proclamation for such sale. (ii) Petitioners shall deposit in the executing court `.50,000/- (Rupees Fifty Thousand Only) for payment to the respondent within one month from this day. (iii) If any of the above conditions is violated, it will be open to the executing court to proceed with sale of the property as scheduled. (iv) Petitioners are permitted to make their request for payment of the amount due under the decree in installments before the executing court and if any such request is made the executing court shall decide that request after hearing counsel for respondent also. (THOMAS P JOSEPH, JUDGE) Sbna/-