IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 OP(C).No. 3700 of 2011(O) ------------------------------------- EP.44/2010 IN OS.185/2006 OF THE SUB COURT, TIRUR. .......... PETITIONER (S): ------------------------- ALIKUTTY, AGED 50 YEARS, S/O.ABDUL KADER, YARUKKANTE PURAKKAL, EDAKKADAPPURAM, RAYIRIMANGALAM P.O.TANUR, MALAPPURAM DISTRICT BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): -------------------------- SHAJAHAN, S/O. CHERIYA BAVA, KURIANTEPURAKKAL HOUSE, RAYIRIMANGALAM, AMSOM DESOM, EDAKKADAPPURAM P.O., TANUR, MALAPPURAM DISTRICT 680 552. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3700 of 2011 --------------------------------------- Dated this 15th day of November, 2011 JUDGMENT Notice to the respondent is dispensed with in view of the decision I propose to take. 2. Petitioner is the judgment debtor in E.P.No.44 of 2010 in O.S.No.185 of 2006 of the Court of learned Sub Judge, Tirur. Respondent obtained a money decree against petitioner and five others and proceeded against property of petitioner. Though petitioner made an offer to pay his 1/6th share and requested to spare his property, that did not frutify. This Court granted installment facility to the petitioner for payment of the amount. In the meantime petitioner claimed benefit under the Kerala Fishermen Debt Relief Commission Act, 2008 which according to him barred the execution notwithstanding any decree. Executing court refused to consider that objection in view of the judgment of this Court granting installment facility. Petitioner intends to challenge the said order of the executing court. In the meantime execution proceedings are going on. Hence this original petition. O.P(C).No.3700 of 2011 -: 2 :- 3. Learned counsel submitted that petitioner has applied for a copy of the order on 14.11.2011 and the execution petition is posted on 21.11.2011 for sale of the property. Having regard to the circumstances stated, this original petition is disposed of as follows: (i) Learned Sub Judge, Tirur is directed to issue a copy of the order dated 03.11.2011 in E.P.No.44 of 2010 in O.S.No.185 of 2006 as early as possible if applied for, on usual terms at any rate before 23.11.2011, if applied for, on usual terms. (ii) It is directed that the sale scheduled to be held on 21.11.2011 will stand adjourned to a day after 28.11.2011 subject to the condition that without prejudice to the contention petitioner has raised, he shall file affidavit in the executing court waiving fresh proclamation for such sale. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-