IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 OP(C).NO. 287 OF 2010(O) -------------------------------------- AGAINST THE ORDER DATED 23/07/2010 IN EP 26/2009 IN OS.198/1996 OF MUNSIFF COURT, VADAKARA .................... PETITIONER/RESPONDENT ----------------------------------------- NAMBEERAN VEETTIL POCKER, S/O. AMMED, AGED 50 YEARS, PUNATHIL HOUSE, KOTTAPPALLY AMSOM, VALLIYAD DESOM, VATAKARA TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): ------------------------ K.RAJEEVAN, S/O. NARAYANAN, AGED 43 YEARS, DRIVER, KAKKOTT HOUSE, P.O.VALLIYAD, KOTTAPPALLY AMSOM, VALLIYAD DESOM, VATAKARA TALUK. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(C) No.287 of 2010 ==================================== Dated this the 12th day of October, 2010 J U D G M E N T Judgment debtor in E.P. No.26 of 2009 in O.S. No.198 of 1996 of the court of learned Munsiff, Vadakara is the petitioner. Petitioner suffered a decree for payment of money and he has been making certain payments in execution. On 23.07.2010 executing court observed that substantial amount is still due and hence ordered attachment of immovable properties of petitioner and posted the case on 10.08.2010. Grievance of petitioner is that in Ext.P2, counter statement (to the execution petition) he has made a request for permitting him to pay the amount in installments but that has not been considered. 2. On the facts of the case it is not necessary for this Court to interfere in the matter. But considering the fact that petitioner has already paid some amount and he has offered to pay the balance amount due though in installments I direct that executing court shall consider his request for permission made in Ext.P2 and pass appropriate orders after hearing counsel for O.P(C) No.287 of 2010 -: 2 :- decree holder also before the property is proclaimed for sale. Original Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv