IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 OP(C).No. 232 of 2011(O) ------------------------ E.P.NO.105 OF 2007 IN O.S.NO.327/2003 OF MUNSIFF COURT, ALATHUR .................... PETITIONER (S): -------------------- APPUKUTTAN.P.M, S/O.A. MADHAVAN, PURANDAYIL HOUSE, MANJALUR POST, PALAKKAD. BY ADV. SRI.V.V.ASOKAN SMT.RUKHIYABI MOHD KUNHI RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE, PALAKKAD BRANCH, REPRESENTED BY ITS CHIEF MANAGER 678 001. 2. VENUGOPALAN, PROPRIETOR, AVERT ENGINEERING, S/O.U. SANKARA MANNADIYAR, PAYANKULATH HOUSE, AMBIKAPURAM, PALAKKAD-678 001. ADV. SRI.T.SETHUMADHAVAN FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- O.P.(C).No.232 of 2011 ------------------------------------ Dated this the 28th day of February, 2011 JUDGMENT The petitioner, the judgment debtor in E.P.No.105 of 2007 in O.S.No.327 of 2003, on the file of the Munsiff's Court, Alathur, was granted the facility to pay the decree debt in twelve equal monthly instalments, as per the order in C.R.P.No.660 of 2008. The petitioner did not pay the decree amount as directed by this Court. Execution was proceeded with against the petitioner. The executing court ordered arrest of the petitioner. 2. By the order dated 11.7.2008, the petitioner was ordered to be arrested and detained in civil prison. That order was under challenge in C.R.P.No.660 of 2008. This Court did not interfere with the order passed by the executing court except to the limited extent of granting O.P.(C) No.232/2011 2 instalment facility. The petitioner did not comply with that facility granted by this Court. 3. It is submitted by the learned counsel for the petitioner that an item of immovable property was made a charge for the decree debt. The petitioner is willing to sell that property and pay the decree debt. It is submitted that an extent of .0355 hectares in Survey Nos.260/6 and 260/13 of Manjalur Village is the property which has been made the charge. In Exhibit R1 letter dated 25.1.2011 issued by the State Bank of Travancore, the decree holder, permission was granted to the petitioner to sell the property on condition that the sale proceeds should be remitted to the account for discharge of the entire decree debt. 4. Heard the learned counsel for the petitioner and the learned counsel appearing for the Bank. O.P.(C) No.232/2011 3 5. The learned counsel appearing for the respondent Bank submitted that if the petitioner deposits the entire decree amount either before the executing court or before the Bank, the Bank has no objection in selling the property. At the same time, it is submitted that the petitioner should not be allowed, under the cover of order of the court, to sell the property and avoid payment of the decree debt. Taking into account the submission made by either side, the Original Petition is disposed of as follows : (i) The petitioner shall file an affidavit before the executing court within a period of one month stating that he will find out a purchaser within a period of two months from today, who is prepared to purchase the property aforesaid. (ii) The petitioner shall furnish the name and address O.P.(C) No.232/2011 4 of the purchaser within a period of two months. (iii) The property shall be sold only after getting permission from the executing court. The executing court will grant permission only if it is satisfied that the entire decree debt would be paid to the decree holder or deposited before the executing court, within the period fixed by the executing court. (iv) No sale deed or any other document alienating the property shall be executed by the petitioner except with the permission of the executing court. The executing court will have jurisdiction to reject the proposal for sale if it is found that the consideration for such sale is inadequate. (v) The petitioner shall not receive any part of the consideration without first depositing the decree O.P.(C) No.232/2011 5 amount before the executing court or paying the amount directly to the decree holder Bank. (vi) If the petitioner pays the entire decree amount within a period of three months, the order granting permission to sell need not be implemented. (viii) If the petitioner fails to comply with the aforesaid directions and also the directions issued by the executing court, the facility provided to him under this order will stand cancelled and the executing court will proceed with the execution and execute the warrant for arrest of the petitioner forthwith. K.T.SANKARAN JUDGE csl