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. 2694 of 2011(O) ------------------------- EP NO.278/2008 IN OS.126/2002 of SUB COURT, PALAKKAD .................... PETITIONER (S): -------------------- MANI @ SUBRAMANIAN, S/O.P.M.PONNAN PILLAI, AGED 58 YEARS, RESIDING AT 12.162, VELLAN STREET, SULTANPET, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- SUKUMARAN, S/O.PATTERI BHASKAR, AGED 38 YEARS, SREE NARAYANAPURAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT – PIN 680664. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.2964/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF OBJECTION DATED 22.7.2011 PREFERRED BY THE PETITIONER TO THE DRAFT SALE PAPERS EXT.P2 TRUE COPY OF THE PROCEEDINGS PAPER IN EP NO.278/2008 OF THE COURT OF SUBORDINATE JUDGE, PALAKKAD. EXT.P3 TRUE COPY OF THE SALE PROCLAMATION //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2694 of 2011 -------------------------------------- Dated this the 12th day of August, 2011. JUDGMENT Petitioner has suffered an exparte, money decree in O.S.No.126 of 2002 of the court of learned Sub Judge, Palakkad. Property of petitioners is being brought up for sale for realisation of the amount. Ext.P1 is the draft sale proclamation. Grievance of petitioner is that the upset price fixed is `3.5 lakhs while, even as per fair value of the property fixed by the Government the price will be `5.5 lakhs. It is also pointed out by learned counsel that there is a building in the property and hence the value is much more. 2. Having heard learned counsel I am not inclined to go into the contention raised regarding value of property in this proceeding. Instead, I am inclined to give time to the petitioner to request the executing court to permit petitioner pay the amount in installments and for the said purpose grant some time to the petitioner subject to conditions. Resultantly this Original Petition is disposed of in the following lines: i. Petitioner is permitted to request the executing court for installment facility to pay the amount due. If any such request is made, the executing court shall decide on that request after hearing counsel for respondent also. ii. It is directed that the sale of property of petitioner will stand OP(C) No.2694/2011 2 adjourned to a day after two months from this day subject to the following conditions: (a) Petitioner shall file an affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for such sale. (b) Petitioner shall deposit in the executing court `50,000/- (Rupees fifty thousand only) within one month 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