IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 OP(C).No. 3757 of 2011(O) ------------------------- E.P.258/2009 IN OS.69/2005 of SUB COURT, PALA .................... PETITIONER (S): ------------------------------ K.M.JOSE,S/O.MATHAI,AGED 41 YEARS, KUZHIKKATT HOUSE,PALAPRA PO,KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.V.MADHUSUDHANAN SRI.T.ISSAC SRI.DITTO.K.THOMAS RESPONDENT(S): --------------- STATE BANK OF TRAVANCORE,REPRESENTED BY ITS BRANCH MANAGER,KANJIRAPPALLY BRANCH, KANJIRAPPALLY PO, KOTTAYAM DISTRICT,PIN 686507. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.3757/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 TRUE COPY OF THE EP NO.258/09 IN OS NO.69/05 FILED BY THE RESPONDENT BEFORE THE SUB COURT, PALA DATED 8/9/2009 EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN EP NO.258/09 IN OS NO.69/05 BEFORE THE SUB COURT, PALA EXHIBIT P3 TRUE COPY OF THE ORDER DATED 26/11/2010 OF THE SUB COURT, PALA IN OP NO.258/09 IN OS NO.69/05 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 8/2/2011 OF THE SUBORDINATE JUDGE'S COURT, PALAI EXHIBIT P5 TRUE COPY OF THE SCHEDULE SUBMITTED BY THE RESPONDENT BEFORE THE SUB COURT, PALAI EXHIBIT P6 TRUE COPY OF THE OBJECTION AND THE PETITION SUBMITTED BY THE PETITIONER'S COUNSEL BEFORE THE SUB COURT, PALAI EXHIBIT P7 TRUE COPY OF THE SKETCH SHOWING THE PLAN OF THE PROPERTY SUBMITTED BY THE PETITIONER BEFORE THE SUB COURT, PALAI EXHIBIT P8 TRUE COPY OF THE ORDER OF THE SUBORDINATE JUDGE'S COURT,PALAI IN EA 166/2011 IN EP NO.258/2009 IN OS 69/05 DATED 4/10/2011 RESPONDENTS' EXHIBITS: NIL //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3757 of 2011 -------------------------------------- Dated this the 22nd day of November, 2011. JUDGMENT Petitioner is the judgment debtor in E.P.No.258 of 2009 in O.S.No.69 of 2005 of the court of learned Sub Judge, Pala. Respondent has obtained a decree for recovery of money from petitioner and is executing that decree. According to the petitioner, there was an order to sell 6.88 Ares belonging to the petitioner on 21.01.2011. But by order dated 08.02.2011 it was directed that 3 Ares out of the said property will be sold. Respondent furnished schedule of 3.88 Ares including the building where petitioner is residing with family. Petitioner filed objection and produced a sketch showing the property as 3 Ares and the rest of the property as item No.2. Now, there is an order to sell item No.2 which is the 3.88 Ares which takes in the building as well. Hence this Original Petition. 2. Learned counsel submitted that in view of the order dated 08.02.2011 the sale must be of 3 Ares and not of 3.88 Ares. That is a matter which petitioner can bring to the notice of executing court if he is otherwise entitled to that course. I do not find reason to interfere with the order. OP(C)No.3757/2011 2 3. Learned counsel submitted that since petitioner is a rubber tapper by occupation he may be granted sufficient time to pay the amount. The request for time should be made before the executing court and it is for that court to consider that request after hearing the respondent also. But, to facilitate petitioner make that request, I am inclined to grant some time to the petitioner. Resultantly this Original Petition is disposed of as follows: i. Petitioner is permitted to request the executing court (Sub Court, Pala) for time to pay the amount due under the decree. If any such request is made, the executing court shall decide on that request having regard to the difficulties of petitioner, after hearing the respondent also. ii. To facilitate that request, it is directed that sale of property scheduled on 28.11.2011 shall be adjourned to a day after 45 (fortyfive) days from 28.11.2011 subject to the following conditions: (a) that petitioner files affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for such sale. (b) that petitioner pays/deposits in the executing court for payment to the respondent `50,000/- (Rupees fifty thousand only) within three weeks from this day. OP(C)No.3757/2011 3 iii. In case any of the conditions [(a) and (b)] is not complied, it will be open to the executing court to proceed with sale of property. THOMAS P.JOSEPH, Judge. cks