IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 OP(C).NO. 1105 OF 2010(O) -------------------------------------- AGAINST THE ORDER DATED 07/01/2008 IN EP 204/08 (ADDITIONAL SUB COURT, ALAPPUZHA) OS.217/2003 OF PRINCIPAL SUB COURT, KOTTAYAM .................... PETITIONER - JUDGMENTDEBTOR -------------------------------------------------- THRESIAMMA P.E., AGED 46 YEARS, W/O.M.J.JOB, MANNAPPARAMBIL HOUSE, PUNNAPPRA MURI, PUNNAPPRA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): DECREE HOLDER ----------------------------------------------------- M.J.MATHAI, AGED 63 YEARS, S/O.OUSEPH, MUTTATHETTU CHITTANGADU HOUSE, PAYIPADU MURI, PAYIPADU VILLAGE, PALLICKACHIRA KAVALA P.O., CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(C) No.1105 of 2010 ==================================== Dated this the 13th day of December, 2010 J U D G M E N T Judgment debtor in E.P. No.204 of 2008 of the court of learned Additional Sub Judge, Alappuzha where the decree passed by the learned Sub Judge, Kottayam in O.S. No.217 of 2003 is being executed is the petitioner before me. As per the execution petition filed by respondent `.12,78,151/- was due as on date of filing the E.P. As per the sale notice amount due is more than Rupees Fifteen lakhs. Now property of petitioner is brought up for sale on 21.12.2010. It is prayed in this petition that the executing court may be directed not to proceed with the execution proceeding. It is contended in this petition that property is worth more than Rupees One Crore but is being brought up for sale for `.13,82,151/- and that sale of a portion of the property is sufficient to discharge the decree debt. 2. When the matter came up for hearing before me learned counsel has not pursued those contentions and instead confined the request to grant time for payment of the amount due under the decree. Learned counsel requested three months time O.P(C) No.1105 of 2010 -: 2 :- from 31.12.2010 to discharge the entire liability stating that petitioner is not able to raise the amount in lump immediately. It is also submitted that petitioner is prepared to deposit Rupees Five lakhs in the executing court within two weeks from this day. Having regard to the facts and circumstances stated, I am inclined to grant some time to the petitioner to discharge the liability under the decree. Resultantly this petition is disposed of granting three months’ time from 31.12.2010 to the petitioner to pay the amount due under the decree. It is directed that sale of property scheduled to be held on 21.12.2010 will stand in abeyance during the said period subject to the following conditions: (i) Petitioner shall file an affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for sale. (ii) Petitioner shall deposit in the executing court for payment to the respondent Rupees Five lakhs within two weeks from this day. O.P(C) No.1105 of 2010 -: 3 :- (iii) Petitioner shall deposit a further sum of Rupees Two lakhs in the executing court for payment to the respondent on or before 31.01.2011. If that day happens to be a holiday, deposit shall be made on the next working day. (iv) Petitioner shall deposit the entire balance amount due under the decree within the period of three months (beginning from 31.12.2010). In case any of the above conditions is not complied or entire liability due under the decree is not discharged within the time granted hereby it will be open to respondent to proceed with sale of the property pursuant to the proceedings already initiated. THOMAS P. JOSEPH, JUDGE. vsv