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. 1955 of 2011(O) ------------------------- AGAINST THE ORDER DATED EP 34/01 IN OS.126/2007 of SUB COURT, NEDUMANGAD .................... PETITIONER: -------------------- D. USHA, D/O. DAISY, ATHIYARA REGHUNIVAS, PAZHAYATHERUVU MURI, ARYANAD, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.D.KISHORE RESPONDENT(S): --------------- VASUDEVAN NAIR, S/O. VELAYUDHAN NAIR, LATHA BHAVAN, MANGALAKKAL, PARACHAL MURI, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 001 RI BY ADV. SRI.M.R.SASITH PANICKER THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STK OP(C).No. 1955 of 2011 APPENDIX PETITIONER EXHIBITS: P1: COPY OF THE E.P.34/09 IN O.S.126/07 OF SUB COURT, NEDUMANGADU P2: COPY OF THE PUBLICATION UNDER O.21 RULE 66 DATED 16.10.2009 P3: COPY OF THE AFFIDAVIT AND PETITION IN E.A.61/11 IN E.P.34/09 IN O.S.126/07 RESPONDENT EXHIBITS: NIL //TRUE COPY// P A TO JUDGE STK THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.1955 of 2011 --------------------------------------- Dated this 21st day of December, 2011 JUDGMENT Respondent has obtained a decree for recovery of money from petitioner in O.S.No.126 of 2007 of the Court of learned Sub Judge, Nedumangadu. As per the decree, petitioner is to pay `.2,10,600/- with interest and cost. Respondent filed E.P.No.34 of 2009 for recovery of `.2,58,955/- with future interest and cost. At a time when property of petitioner is being proceeded against for recovery of the amount, she has approached this Court with this original petition. This Court on 26.01.2011 granted stay of proceeding for two months on condition that petitioner shall deposit `.25,000/- within one month from the date of order. I am told that the said amount is deposited in the executing court. Learned counsel has requested that petitioner may be permitted to pay the amount due in ten equal monthly installments. I have heard learned counsel for respondent also. 2. Having heard learned counsel on both sides and taking into account the views of learned counsel for the respondent also I am inclined to allow petitioner to pay the amount due under the decree in installments. O.P(C).No.1955 of 2011 -: 2 :- Resultantly this original petition is disposed of as under: (i) Petitioner is permitted to pay/deposit in the executing court for payment to the respondent the balance amount due under the decree in ten (10) equal monthly installments beginning from 21.01.2012 provided that by the last installment, the entire amount due is paid. (ii) Payment/deposit in the executing court shall be made on or before the 25th of every month and in case that day happens to be a holiday, payment/deposit shall be made on the next working day. (iii) In case there is default in payment of any two installments it will be open to the executing court to proceed against property of petitioner for recovery of the balance amount. (iv) In case further proclamation for sale of the property is not required as of now, petitioner shall file affidavit in the executing court within two weeks from this day waiving fresh proclamation for such sale. (v) Amount if any deposited in the executing court can be withdrawn by the respondent. (vi) It is directed that proceeding in E.P.No.34 of 2009 shall stand in abeyance for the period above stated or until default as aforesaid is committed, whichever is earlier. (THOMAS P. JOSEPH, JUDGE) Sbna/-