IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 OP(C).No. 2489 of 2011(O) -------------------------------- EP.376/2010 IN OS.465/2006 of ADDL.SUB COURT, NORTH PARAVUR .................... PETITIONER --------------- SRI.SHIJU,AGED 4O YEARS,S/O.DIVAKARAN, ORAVANTHURUTY HOUSE,VELLOTTUMKARA,PUTHENVELIKKARA. P.O,PUTHENVELIKKARA VILLAGE,NORTH PARAVUR, ERNAKULAM DISTRICT. BY ADVS. SRI.V.A.PRADEEP KUMAR SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT(S): -------------------- SMT.AMMINI AMMA,AGED 70 YEARS, W/O.NARAYANAN NAIR,VATTUPARAMBIL HOUSE, PUTHENVELIKKARA.P.O,PUTHENVELIKKARA VILLAGE, NORTH PARAVUR,ERNAKULAM DISTRICT,PIN-683513. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 2489/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXECUTION PETITION IN E.P.NO.376/2010 IN O.S. NO.465/2006 ON THE FILE OF THE ADDL. SUB COURT, N. PARAVUR. P2: COPY OF THE PROCLAMATION FOR SALE IN E.P. NO.376/2010 IN O.S.NO.465/2006 ON THE FILE OF THE ADDL. SUB COURT, N. PARAVUR. P3: COPY OF THE MEMO DATED 25/07/2010 IN E.P.NO.376/2010 IN O.S.NO.465/2006 ON THE FILE OF THE ADDL. SUB COURT, N. PARAVUR. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2489 of 2011 --------------------------------------- Dated this 02nd day of August, 2011 JUDGMENT Petitioner is the judgment debtor in E.P.No.376 of 2010 in O.S.No.465 of 2006 of the Court of learned Additional Sub Judge, North Paravur. Respondent obtained a decree for recovery of money and that was confirmed in A.S.No.122 of 2009. Following that, respondent initiated execution proceeding. The property of petitioner is being brought up for sale. On 25.07.2011 petitioner paid `.20,000/- and filed E.A.No.901 of 2011 to adjourn the sale. The sale was adjourned to 04.08.2011 with a direction to the petitioner to deposit `.1,00,000/- 2. Learned counsel submitted that after deducting the sum of `.20,000/- paid on 25.07.2011 the balance amount due to the respondent is only `.1,66,250/-. Learned counsel has requested facility to pay the balance amount in installments @`.20,000/- per month. 3. The question whether petitioner has to be permitted to pay the amount in installments is to be decided by the executing court after hearing counsel for respondent as well. However, having regard to the circumstances stated I am O.P(C).No.2489 of 2011 -: 2 :- inclined to grant some time to the petitioner to make a request before the executing court but, subject to condition. Resultantly this original petition is disposed of in the following lines: It is directed that sale of property scheduled to be held on 04.08.2011 will stand adjourned to a day after one month from this day subject to the following conditions: (i) Petitioners shall file affidavit in the executing court before the time fixed for sale waiving fresh proclamation for such sale. (ii) Petitioners shall deposit in the executing court `.30,000/- (Rupees Thirty Thousand Only) for payment to the respondent within two weeks from this day. (iii) If any of the above conditions is violated, it will be open to the executing court to proceed with the sale of property as scheduled. (iv) It is open to the petitioner to request the executing court to review the order dated 25.07.2010 directing deposit of `.1,00,000/- and permit petitioner pay the balance amount in convenient installments. If any such request is made the executing court shall decide that request after hearing counsel for respondent also. (THOMAS P JOSEPH, JUDGE) Sbna/-