IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 OP(C).No. 2692 of 2011(O) ------------------------- E.P 114/2009 IN OS.44/2008 of SUB COURT,KOTTAYAM .................... PETITIONERS(S): -------------------- 1. JOE JOSEPH, THUMPUMKAL HOUSE, PUZHUVATH MURI, CHANGANACHERRY, KOTTAYAM. 2. BABY JOSEPH @ JOSEPH JOSEPH, THUMPUMKAL HOUSE, PUZHUVATH MURI,CHANGANACHERRY, KOTTAYAM. 3. CLARICE JOSEPH, THUMPUMKAL HOUSE, PUZHUVATH MURI, CHANGANACHERRY, KOTTAYAM BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): --------------- TOM JOSEPH, KALRIPARAMPIL, KOTTAMURI P.O., THRIKKODITHANAM, CHANGANACHERRY, KOTTAYAM -686104. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.2692/2011 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE EXECUTION PETITION (EP NO.114/2009) DATED 11.2.2009 EXT.P2 TRUE COPY OF THE SALE PROCLAMATION IN EP NO.114/2009 DATED 26.7.2011 //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2692 of 2011 -------------------------------------- Dated this the 12th day of August, 2011. JUDGMENT Petitioners have suffered an exparte, money decree in O.S.No.44 of 2008 of the court of learned Sub Judge, Kottayam. Property of petitioners is being brought up for sale for realisation of the amount on 17.08.2011. Hence this Original Petition. It is requested that a direction may be given to the executing court not to proceed with the auction sale scheduled on 17.08.2011 before considering the prayer of petitioners to grant installment facility to clear the liability. Learned counsel submitted that petitioners are prepared to pay the amount in installments if such a facility is granted. Learned counsel has stated about the financial difficulties petitioners are facing. 2. Having heard learned counsel I am inclined to think that the request for installment facility should be made before the executing court and it is for that court to consider that request after hearing counsel for respondent. However I am inclined to grant some relief to the petitioner so that in the meantime, they could request for installment facility in the executing court. Resultantly this Original Petition is disposed of in the following lines: i. Petitioners are permitted to request the executing court for installment facility to pay the amount due. If any such request is made, executing court shall decide on that request after hearing counsel for respondent also. OP(C) No.2692/2011 2 ii. It is directed that sale of property of petitioners scheduled on 17.08.2011 will stand adjourned to a day after one month from 17.08.2011 subject to the following conditions: (a) Petitioners shall file an affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for such sale. (b) Petitioners shall deposit in the executing court `50,000/- (Rupees fifty thousand only) within three weeks from this day for payment to the respondent. (c) In case any of the above conditions is violated, it will be open to the executing court to proceed with the sale pursuant to the sale notice already issued. THOMAS P.JOSEPH, Judge. cks