IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 OP(C).No. 4242 of 2011(O) ------------------------- (OS.474/2005 of ADDL.SUB COURT,PARAVUR) .................... PETITIONERS: -------------------- 1. E.V.ANTONY, AGED 57 S/O LATE VARGHESE, EACHARANGATTU HOUSE, ELOOR NORTH DESOM, ELOOR VILLAGE,PARUR TALUK, ERNAKULAM DISTRICT. 2. JOHN, AGED 52, S/O LATE VARGHESE, EACHARANGATTU HOUSE,ELOOR NORTH DESOM ELOOR VILLAGE,PARUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SRI.T.A.ABDUL RASHEED RESPONDENT(S): --------------- ASOKAN, S/O KRISHNANKUTTY KOOTHAPPILLY HOUSE, ELOOR VADAKKUMBAGAM MURI, ELOOR VILLAGE, PARUR TALUK, ERNAKULAM DISTRICT- 682023 BY THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU OP(C).No. 4242 of 2011 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 COPY OF DECREE DTD. 16.01.2009 IN O.S. NO. 474/2005 ON THE FILE OF ADDL. SUB COURT AT PARAVUR. EXT.P2 COPY OF E.P NO. 238/2009 IN O.S.NO. 474/2005 ON THE FILE OF ADDL. SUB COURT AT PARAVUR DTD. 14.09.2009. EXT.P3 COPY OF THE DISCHARGE SUMMARY DTD. 04.12.2007 ISSUED BY PVS HOSPITAL. EXT.P4 COPY OF THE LETTER DTD. 06.10.2007 ISSUED BY PVS HOSPITAL ERNAKULAM. EXT.P5 COPY OF VOUCHER FOR THE FIRST PAYMENT. EXT.P6 COPY OF VOUCHER FOR THE LAST PAYMENT. EXT.P7 COPY OF THE WOUND CERTIFICATE DTD. 08.07.2011 ISSUED BY THE MEDICAL TRUST HOSPITAL, ERNAKULAM. EXT.P8 COPY OF E.A NO. 1316/2011 IN E.P NO.238/2009IN O.S NO.474/2005 ON THE FILES OF ADDL. SUB COURT AT PARAVUR DTD.05.12.2011. RESPONDENT'S EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.4242 of 2011 --------------------------------------- Dated this 21st day of December, 2011 JUDGMENT Judgment debtors in E.P.No.238 of 2009 in O.S.No.474 of 2005 of the Court of learned Additional Sub Jude, North Paravur seek a direction for favourable consideration of Ext.P8, application for facility to pay the amount in installment @`.5,000/- per month. 2. Respondent sued petitioners for a decree for specific performance of an agreement for sale but had to be satisfied with the decree dated 16.01.2009 for payment of `.1,00,000/- with interest at various rates from 19.01.2005 onwards. According to the petitioners, they have paid a total sum of `.63,000/- after the decree. While so first petitioner met with a motor accident on 08.07.2011 as revealed by the wound certificate issued from Medical Trust Hospital, Ernakulam. It is stated that second petitioner is a Cancer patient. In the circumstance petitioners are not in a position to pay the entire amount in lump. In the meantime respondent has proceeded against property of petitioners and 3cents is proposed to be sold for realisation of the amount. Execution petition now stand posted on 07.02.2012 for O.P(C).No.4242 of 2011 -: 2 :- steps. In the meantime petitioners filed Ext.P8, application in the executing court. 3. Learned counsel has told me about the difficulties petitioners are suffering on account of the circumstances stated above. It is submitted that a sympathetic consideration of the situation is required and that petitioners are desirous of discharging the liability but, unable to pay the amount in lump. If in the meantime property is sold, that will put petitioners to much difficulty. 4. Since the request for installment facility is made before the executing court, that Court has to decide that request at the first instance. Petitioners can urge before the executing court all the attending circumstances while requesting for installment facility. Resultantly this original petition is disposed of directing learned Sub Judge, North Paravur to dispose of Ext.P8, application as early as possible after hearing counsel for respondent/decree holder also and bearing in mind the difficulties of petitioners stated by learned counsel and referred above. (THOMAS P. JOSEPH, JUDGE) Sbna/-