IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 OP(C).No. 2635 of 2011(O) ------------------------- EP.395/2010 of II ADDL. DISTRICT COURT, KOLLAM .................... PETITIONER(S): -------------------- A.MUHAMMED MUSTAFA, PARACKAL PADINJATTETHIL, KUREEPPUZHA, KAVANAD P.O., KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): --------------- 1. MUTHOOT VEHICLE AND ASSET FINANCE LTD., (FORMERLY MUTHOOT LEASING AND FINANCE LTD.) MUTHOOT CHAMBERS, KURIEN TOWERS, BANERJI ROAD, ERNAKULAM 682011. 2. C.R.SYAMKUMAR, SANGEETH, DIWAN'S ROAD, ERNAKULAM-682011. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.2635/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE AWARD PASSED BY 2ND RESPONDENT DATED 12.5.2010 EXT.P2 TRUE COPY OF EP NO.395/2010 PENDING BEFORE THE II ADDL. DISTRICT COURT,KOLLAM. //TRUE COPY// THOMAS P.JOSEPH, J. ==================================== O.P(C). No. 2635 of 2011 ==================================== Dated this the 10th day of August, 2011 J U D G M E N T Petitioner is the first judgment debtor in E.P. No.395 of 2010 of the court of learned Second Additional District Judge, Kollam where Ext.P1, award in Arbitration Reference Case No.152 of 2009 is being executed for recovery of money due under the said award. As per Ext.P2, execution petition more than `1,69,000/- is due from petitioner and others. It is submitted that property of surety of petitioner is scheduled to be sold on 12.08.2011. Learned counsel submitted that the award is ex parte and petitioner has several contentions to be urged. 2. Those matters are not required to be considered in the execution proceeding. Learned counsel submitted that petitioner may be permitted to pay/deposit a reasonable sum within three weeks from this day and make a request in the executing court to adjourn the sale. Since sale of property of sureties of petitioner is involved, I am not inclined to pass any order adjourning the sale on this petition filed by petitioner. But it is open to the petitioner to request the executing court to adjourn the sale on payment of a O.P(C) No.2635 of 2011 -: 2 :- reasonable sum to the decree holder and on condition of the surety whose property is to be sold filing affidavit waiving fresh proclamation. Resultantly, Original Petition is disposed of permitting petitioner to request the executing court to adjourn the sale on payment of a reasonable sum on the date fixed for sale and pay the balance amount in installments without prejudice to other contentions petitioner may have. THOMAS P. JOSEPH, JUDGE. vsv