IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 OP(C).No. 889 of 2010(O) ------------------------ (OS.190/2005 of SUB COURT, MAVELIKKARA) .................... PETITIONER -------------------- SIRAJUDDEEN, S/O.KASIMPILLAI,AGED 56 VALIYIL VADAKKATHIL HOUSE, KANNAMPILLI, KAYAMKULAM. BY ADV. SRI.K.R.SUNIL RESPONDENT: -------------------- THE FEDERAL BANK LTD. REGISTERED OFFICE ALUVA, BRANCH CHUNAKKARA, CHARUMMOOD PO, CHARUMOOD. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.889 of 2010 --------------------------------------- Dated this 29th day of November, 2010 JUDGMENT Judgment debtor No.1 in E.P.No.21 of 2010 in O.S.No.190 of 2005 of the court of learned Sub Judge, Mavellikkara is the petitioner before me. He along with judgment debtor No.2 has suffered a decree for payment of money to respondent No.1. Respondent No.1 initiated execution proceedings against property of petitioner. Petitioner and judgment debtor No.2 did not appear pursuant to the notice under Rule 66 of Order XXI of the Code of Civil Procedure (for short, “the Code”) served on them and hence the executing court has proceeded in the matter, in their absence. Now the property is scheduled for sale on 02- 12-2010. Learned counsel for petitioner submits that major portion of the amount has already been paid and that if at all any further amount is due, petitioner is prepared to pay the said amount. It is also submitted that there was an offer from respondent No.1 to waive penal interest. Petitioner and judgment debtor No.2 have filed Ext.P2, application to set aside the ex parte order against them (in execution) and Ext.P3, application to adjourn the sale for a period of six months to settle the claim of O.P(C).No.889 of 2010 : 2 : respondent. Those applications have not been disposed of but, property is scheduled to be sold on 02-12-2010. Hence this petition. Having regard to the circumstances stated by learned counsel and considering the willingness expressed by petitioner to pay the amount if any due to respondent I am inclined to direct the executing court to dispose of Exts.P2 and P3, applications (if not already disposed of) and grant petitioner three months' time to discharge the liability. Resultantly this petition is disposed of in the following lines: (i) Petitioner and judgment debtor No.2 are granted three months' time from 01-12-2010 to deposit in the executing court the balance amount if any due under the decree for payment to the respondent subject to the condition that petitioner shall deposit in the executing court `.1,50,000/- (Rupees One Lakh Fifty Thousand Only) in three equal monthly installments beginning from 01-12-2010. The deposit shall be made on or before 5th of each month. (ii) In the meantime, executing court shall dispose of Exts.P2 and P3, applications. (THOMAS P JOSEPH, JUDGE) Sbna/-