IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 OP(C).No. 3917 of 2011(O) ------------------------- OS.324/1999 of PRL.SUB COURT,KOTTAYAM .................... PETITIONER: ------------------ VIJAYA NIRMALA,D/O GOPINATHA PRABU, VAIJAYANTHI BHAVAN, CHENGALAM SOUTH P.O, THIRUVARPU, KOTTAYAM, REPRESENTED BY HER GUARDIAN AND NEXT FRIEND UPENDR A PRABHU V. VIAJAYANTHI BHAVAN, CHENGALAM SOUTH PO, THIRUVARUPU, KOTTAYAM. BY ADV. SRI.E.D.GEORGE RESPONDENTS: --------------- 1. RAJESWARI W/O LATE BALAKRISHNAN, DARPAN,ALUMANAM, KOTTAYAM-686015 2. PONNAMMA, DARPPAN, AIMANAM, KOTTAYAM-686015 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 3917 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY MEDICAL BOARD OF GOVERNMENT DISTRICT HOSPITAL,KOTTAYAM. EXT.P2 TRUE COPY OF THE NOTICE FROM THE SUB COURT, KOTTAYAM, FIXING THE DATE OF SALE I.E02-12-2011 ON THE BASIS OF A DECREE OF SUBCOURT, KOTTAYAM. RESPONDENTS' EXHIBITS : NIL /True Copy/ P.A to Judge THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3917 of 2011 --------------------------------------- Dated this 01st day of December, 2011 JUDGMENT Petitioner is the judgment debtor in E.P.No.238 of 2010 in O.S.No.324 of 1999 of the Court of learned Sub Judge, Kottayam. According to the petitioner, without any summons or other information to her an ex parte decree was passed against her and pursuant to that decree, her property is being brought up for sale on 02.12.2011. It is stated that petitioner is physically challenged and mentally retarded. Certain documents are also produced in this original petition in support of that contention. The request of petitioner, represented by her next friend in this proceeding is to direct sale to be adjourned for a period of two months so that in the meantime petitioner can take necessary steps in the matter. Learned counsel made a fervent plea to adjourn the sale. 2. Though in this proceeding petitioner is represented by her next friend, I am not going into the question whether petitioner is physically challenged or mentally retarded as claimed by him so that he is required to be represented by next friend. Having regard to the contentions raised by petitioner that O.P(C).No.3917 of 2011 -: 2 :- the decree was passed without summons to her, I am inclined to direct that execution proceeding will stand adjourned to a day after two (2) weeks from this day. Resultantly this original petition is disposed of directing learned Sub Judge, Kottayam to adjourn sale of the property in E.P.No.238 of 2010 in O.S.No.324 of 1999 to a day after two (2) weeks from 02.12.2011 subject to the condition that petitioner files an affidavit (without prejudice to her contentions) in the executing court before the time scheduled for sale waiving fresh proclamation for such sale. (THOMAS P. JOSEPH, JUDGE) Sbna/-