IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 OP(C).No. 3016 of 2011(O) ------------------------- EP NO.104/2010 IN OS.483/2008 of ADDL.SUB COURT,KOTTAYAM .................... PETITIONER (S): ------------------------------ K.B.GANGADHARAN, INDHEEVARAM, NEDUMKUNNAM P.O., KOTTAYAM DISTRICT. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE, KANJIKUZHY BRANCH, KOTTAYAM-686 004. 2. AMBILY G., INDHEEVARAM, NEDUMKUNNAM P.O., KOTTAYAM DISTRICT-686506. 3. ANILKUMAR A.G., PIONEER ONLY PAID SHOP, KANJIKUZHY, MUTTAMBALAM, KOTTAYAM-686 004. ADV. SHRI SATHISH NINAN FOR R1 SHRI SANTHOSH MATHEW FOR R1 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS: EXT.P1 : TRUE COPY OF THE EXECUTION PETITION (EP 104/10). EXT.P2 : TRUE COPY OF THE MEDICAL RECORDS ISSUED FROM AMRITA INSTITUTE OF MEDICAL SCIENCES. EXT.P3 : TRUE COPY OF THE SALE PROCLAMATION IN EP 104/2010 DTD.25.8.2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A.TO JUDGE THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3016 of 2011 -------------------------------------- Dated this the 20th day of September, 2011. JUDGMENT First respondent – decree holder appears through counsel. Notice to other respondents is dispensed with in view of the decision I propose to take. 2. Petitioner is the first judgment debtor in E.P.No.104 of 2010 in O.S.No.483 of 2008 of the court of learned Additional Sub Judge, Kottayam. First respondent has obtained a money decree against petitioner and respondents 2 and 3 and in execution of that decree property of petitioner is being brought up for sale. I am told that the sale is scheduled on 22.09.2011. Petitioner states that he is suffering from thyroid cancer, is continuing treatment for the same for the last three years at Amrutha Institute of Medical Science and is unable to pay the entire amount in lump. Petitioner has expressed willingness to pay the amount due in six equal monthly installments. 3. Having heard learned counsel for petitioner and the first respondent and the situation in which petitioner is placed I am inclined to think that petitioner can be given opportunity to pay the amount in installments but, it must be subject to conditions. Resultantly this Original Petition is allowed as follows: i. Petitioner is permitted to pay the entire amount due under the decree to the first respondent in six equal monthly installments beginning from OP(C) No.3016/2011 2 01.11.2011 provided that by the last installment the entire amount due is paid. ii. Petitioner shall, notwithstanding the above direction, deposit a sum of `5,000/- (Rupees Five thousand only) in the executing court for payment to first respondent on or before 15.10.2011. iii. In case there is default in payment of any two installments, it will be open to the executing court to proceed with sale of the property. iv. Petitioner shall file an affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for sale. v. It is made clear that in case of violation of any of the above conditions, it will be open to the executing court to proceed with sale of the property. THOMAS P.JOSEPH, Judge. cks