IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 OP(C).No. 1338 of 2011(O) AGAINST THE ORDER DATED 11/03/2011 IN E.P 99/2005 IN OS.84/2004 OF SUB COURT, PAYYANNUR PETITIONER: -------------------- K.S.SHAJI, S/O.SCARIA, AGED 45 YEARS, KARAKKATTIL HOUSE, KARTHIKAPURAM ROAD, P.O.THABORE, THIRUMENI,KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT: --------------- STATE BANK OF INDIA PAYYANNUR BRANCH, KANNUR DISTRICT REPRESENTED BY ITS CHIEF MANAGER, PIN - 670 004. BY STANDING COUNSEL SRI.SAJUSH PAUL.A.S. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 1338 OF 2011 O ------------------------------------------------------ Dated this the 4th day of April, 2011 JUDGMENT The petitioner is the third defendant in O.S.No.84 of 2004 on the file of the Court of the Subordinate Judge, Payyannur. The suit was filed by the respondent Bank for realisation of money. On 1.12.2004, the suit was decreed. At that time, the petitioner prayed for six months' time for payment. That prayer was granted. However, the petitioner did not pay any amount. 2. Execution was levied in E.P.No.99 of 2005. Though the Execution Petition was filed in 2005, the Court passed the order for sale only on 11.3.2011. An extent of 50 cents (item No.1 of the decree schedule) belonging to the petitioner is sought to be sold for realisation of the decree amount. The amount claimed in the Execution Petition is `4,02,515.75. Subsequent interest for more than six years is also due. The order for sale is under challenge in this Original Petition. O.P.(C) NO.1338 OF 2011 :: 2 :: 3. The learned counsel for the petitioner submitted that the petitioner is prepared to pay the decree debt in six monthly instalments. It is submitted that if the property is sold, he would be put to great hardship and serious prejudice. It is undertaken by the petitioner that this time he will not commit any default. It is also submitted by the petitioner that if he commits default in payment of any of the instalments, the property can be sold on the same proclamation and no further opportunity need be given to the petitioner to raise any contention. 4. Heard the learned counsel for the Bank as well. In the facts and circumstances of the case, the Original Petition is disposed of as follows: i) The execution sale in E.P.No.99 of 2005 shall be kept in abeyance to facilitate payment of the decree amount by the judgment debtor in the following manner: The entire decree debt shall be paid by the petitioner in six equal monthly instalments. The first instalment shall be paid to the Bank on or before 10.5.2011 and the subsequent instalments shall be paid on or before 10th of the succeeding months. If 10th of any O.P.(C) NO.1338 OF 2011 :: 3 :: month happens to be a holiday, the instalment shall be paid on the next working day. ii) If the petitioner commits default in payment of any of the instalments, the execution shall be proceeded with and the sale shall be held on the same proclamation. The petitioner will have no right to raise any objection before any such sale. (K.T.SANKARAN) Judge ahz/