IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 OP(C).No. 2268 of 2011(O) -------------------------------- EP 118/2009 IN OS.100/2008 of MUNSIFF COURT, VADAKARA .................... PETITIONER/JUEGMENT DEBTOR --------------------------------------- SRI.SASIKUMAR,S/O.SRI.KANNAN,AGED 48 YEARS, U.D.CLERK,VANIMEL GRAMA PANCHAYATH, R/AT KAUSTHUBHAM,THEKKE PAZHANKAVU,NEAR FIRE STATION,PO NUT STREET,VATAKARA TALUK. BY ADVS. SRI.ZUBAIR PULIKKOOL SRI.P.S.BINU RESPONDENT(S): DECREE HOLDER ----------------------------------------- VIJAYA BANK WITH HEAD OFFICE, AT BANGLORE BY PRINCIPAL OFFICER,BRANCH MANAGER, VATAKARA BRANCH, VADAKARA P.O. - 673 101. BY ADV. SMT.LATHA KRISHNAN, S.C. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 2268/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXECUTION PETITION EP 118/2009. P2: COPY OF THE RECOVERY PROCEEDINGS INITIATED BY THE KDC BANK. P3: COPY OF THE PETITION IN EA 145/2010. P4: COPY OF THE TYPE WRITTEN ORDER. P5: COPY OF THE JUDGMENT IN OP(C).NO.351/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2268 of 2011 -------------------------------------- Dated this the 14th day of July, 2011. JUDGMENT Judgment debtor in E.P.No.118 of 2009 in O.S.No.100 of 2008 of the court of learned Munsiff, Vatakara is the petitioner before me. His salary was attached by the executing court. At that stage he approached this Court with O.P (C) No.351 of 2010 requesting for time for payment. That Original Petition was disposed of by judgment dated October 18, 2010 granting six (6) months' time from 01.11.2010 to pay the amount subject to the conditions mentioned therein. Petitioner states that he paid certain installments but the last installments could not be paid on account of financial difficulties. Hence further time is requested. Learned counsel requested that petitioner may be granted six months' further time. I have heard learned counsel for respondent who resisted the request. 2. It is seen that sufficient time was granted to the petitioner as per judgment dated October 18, 2010 in O.P.(C) No.351 of 2010. However, considering the fact that certain installments are already paid and the difficulty of petitioner stated by learned counsel I am inclined to grant four (4) months' further time from 01.08.2011 to pay the amount. Resultantly this Original Petition is disposed of in the following lines: OP(C) No.2268/2011 2 i. Petitioner is granted four (4) months' time from 01.08.2011 to discharge the entire liability. ii. The amount shall be paid in equal monthly installments provided that by the last installment the entire amount due under decree is paid. iii. Payment or deposit shall be made on or before 5th of each month and if 5th day of a month happens to be a holiday, such payment/deposit shall be made on the next working day. iv. It is made clear that if any installment is defaulted it is open to the executing court to proceed with execution as originally ordered. v. Coercive steps if any against petitioner will stand in abeyance during the said period of four (4) months' beginning from 01.08.2011 or till default is committed, whichever is earlier. THOMAS P.JOSEPH, Judge. cks