IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 OP(C).No. 3381 of 2011(O) ------------------------- OS.187/2005 of PRINCIPAL SUB COURT, KOTTAYAM .................... PETITIONER/JUDGMENT DEBTOR/DEFENDANT: -------------------------------------------------------- T.J.THOMAS, AGED 51 YEARS, S/O. T.M.JOB, THAYYIL HOUSE, MOUNT MERLIN HOUSE P.O., KOTTAYAM-4, NOW RESIDING AT KASTHURI BUILDINGS, WEST CAR STREET, DINDIGUL, TAMIL NADU. BY ADV. SRI.ALEX.M.SCARIA RESPONDENT/DECREE HOLDER/PLAINTIFF: -------------------------------------- MR.SHAJAN V.CYRIAC, CHUMAPPUNKAL, KUMARANALLOOR P.O., KOTTAYAM DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 3381 of 2011 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE PROCLAMATION DTD.29.8.11 IN EP NO.151/06 IN OS 187/05 ON THE FILES OF THE ADDL.PRL COURT, KOTTAYAM. EXT.P2 : TRUE COPY OF THE IA 3157 IN OS 187/05 ON THE FILES OF THE ADDL.PRL COURT, KOTTAYAM. EXT.P3 : TRUE COPY OF THE EA 898/11 IN EP 151/06 IN OS 187/05 ON THE FILES OF THE ADDL.PRL COURT, KOTTAYAM. EXT.P4 : TRUE COPY OF THE EA NO.897/11 IN EP NO.151/06 IN OS 187/05 ON THE FILES OF THE ADDL.PRL COURT, KOTTAYAM. EXT.P5 : TRUE COPY OF THE EA NO.899/11 IN EP NO.151/06 IN OS 187/05 ON THE FILES OF THE ADDL.PRL COURT, KOTTAYAM. EXT.P6 : TRUE COPY OF THE CHALLAN DTD.26.9.11 IN EP NO.151/06 IN OS 187/05 ON THE FILES OF THE ADDL.PRL COURT, KOTTAYAM, BY WHICH THE PETITIONER HEREIN HAS DEPOSITED HALF OF THE EXECUTION CLAIM. EXT.P7 : TRUE COPY OF THE EA NO.1002/2011 IN EP NO.151/06 IN OS 187/05 ON THE FILES OF THE ADDL.PRL COURT, KOTTAYAM. RESPONDENTS' EXHIBITS: NIL /True Copy/ P.A to Judge THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3381 of 2011 --------------------------------------- Dated this 10th day of November, 2011 JUDGMENT Respondent though served, there is no response. 2. The request in this original petition made by the judgment debtor in E.P.No.151 of 2006 in O.S.No.187 of 2005 of the Court of learned Principal Sub Judge, Kottayam is to direct the learned Sub Judge to dispose of Exts.P2 to P5 and P7, applications before property of petitioner is sold pursuant to Ext.P1, proclamation. 3. Respondent has obtained a decree for recovery of money from the petitioner. Pursuant to that decree, he filed E.P.No.151 of 2006 and proceeded against property of petitioner which according to him, is valued at `.Two Crores. Petitioner filed Exts.P2 to P5 and P7, applications to set aside the ex parte decree, stop the sale, set aside the ex parte order in execution, appoint an Advocate Commissioner to ascertain value of the property and for other reliefs claiming that he had no information about the suit or the execution proceeding as he was in Tamil Nadu during the relevant time. It is stated O.P(C).No.3381 of 2011 -: 2 :- that as directed by the learned Sub Judge petitioner has deposited `.7,50,000/- in the Treasury as revealed by Ext.P6. Petitioner states that he is prepared to waive fresh proclamation subject to the result of the applications above stated and requests that until those applications are disposed of, the sale may be adjourned. 4. Learned counsel submits that as per the execution petition the amount claimed came to around `.15,00,000/- out of which `.7,50,000/- has already been deposited as revealed by Ext.P6. Learned counsel submitted that if before Exts.P2 to P5 and P7, applications are disposed of the property is sold, petitioner will be put to irreparable loss and injury. 5. As aforesaid, a sum of `.7,50,000/- has already been deposited. Learned counsel submits that the property is now scheduled for sale on 11.11.2011. I am inclined to grant some time to the petitioner but subject to condition. Before the property is sold, learned Sub Judge has to dispose of Exts.P2 to P5 and P7, applications. Resultantly this original petition is disposed of as follows: (I) It is directed that sale of the property scheduled to be held in E.P.No.151 of 2006 in O.P(C).No.3381 of 2011 -: 3 :- O.S.No.187 of 2005 of the Court of learned Principal Sub Judge, Kottayam on 11.11.2011 will stand adjourned to a day after one month from 11.11.2011 subject to the following conditions: (a) Without prejudice to the contentions raised by petitioner in Exts.P2 to P5 and P7, applications he shall file affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for such sale. (b) Petitioner deposits in the District Treasury, Kottayam towards the decree debt in O.S.No.187 of 2005 (subject to the result of the applications above stated) `.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) within three (3) weeks from this day and produces the receipt before the executing court within a week from the date of the deposit. (II) Learned Sub Judge is directed to dispose of Exts.P2 to P5 and P7, applications if steps on those applications are complete, as early as possible at any rate within one month from 11.11.2011. (THOMAS P. JOSEPH, JUDGE) Sbna/-