IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 OP(C).No. 898 of 2011(O) ------------------------ OS.626/1998 of PRL.M.C.-II,KOZHIKODE .................... PETITIONER -------------------- METHOTT MEETHAL CHANDRAN, S/O.KANARAN, AGED 64 YEARS, VALAYANAD AMSOM, KOMMERI DESOM, KOZHIKODE TALUK. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.ARUN KRISHNA DHAN SRI.JOSEPH GEORGE(MULLAKKARIYIL) SRI.K.RATHISH KUMAR SRI.ANEISH RAVINDRA RESPONDENT(S): --------------- 1. L.I.C.HOUSING FINANCE LTD., REP. BY THE PRINCIPAL AND AREA MANAGER, ROYAL PLACE BUIDLING, IIND FLOOR, RAILWAY STATION, LINK ROAD, CALICUT-673 002. 2. SAJITHKUMAR, S/O.CHATHUKUTTY VAIDYAR, CHERODATHIL HOUSE, BEYPORE AMSOM DESOM PIN 673 015. ADV. SRI.O.T.JABISH FOR R-2 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 898/2011 APPENDIX PETITIONER'S EXHIBITS : EXT.P1: COPY OF THE DECREE DATED 29.11.1999 IN O.S.NO.626/1998 ON THE FILE OF THE MUNSIFF'S COURT II, KOZHIKODE EXT.P2: COPY OF THE ORDER DATED 17.2.2010 IN E.A.NO.562/2009 IN EP NO.67/2009 IN OS NO.626/1998 OF THE PRINCIPAL MUNSIFF'S COURT II KOZHIKODE EXT.P3: COPY OF THE ORDER DATED 17.1.2011 IN EA NO.439/2010 IN EP NO.67/2009 IN OS NO.626/1998 OF THE PRINCIPAL MUNSIFF'S COURT II, KOZHIKODE EXT.P4: COPY OF THE INTERIM REPORT DATED 17.1.2011 BY THE ADVOCATE COMMISSIONER IN EP NO.67/2000 IN OS NO.626/1998 ON THE FILE OF THE MUNSIFF'S COURT II KOZHIKODE EXT.P5: COPY OF THE APPLICATION ON 21.2.2011 IN EP NO.67/2009 IN OS NO.626/1998 SEEKING AN ORDER ADJOURNING THE SALE SCHEDULE TO 21.2.2011. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE K.T.SANKARAN, J. ----------------------------- O.P.(C).No.898 of 2011 ------------------------------- Dated this the 13th day of June, 2011 JUDGMENT For realisation of the decree amount in O.S.No.626 of 1998 on the file of the Principal Munsiff's Court - II, Kozhikode, E.P.No.67 of 2009 was filed by the first respondent/decree holder. The prayer in the E.P. is for realisation of the decree amount by sale of the immovable property belonging to the petitioner/judgment debtor. The learned counsel for the petitioner submitted that sale took place on 21.2.2011 and a third party purchased the property in court auction (second respondent). 2. The petitioner challenged the execution proceedings, including the fixation of upset price, in this Original Petition. Really the Original Petition was not maintainable. However, it would appear that by way of extreme indulgence, an interim order was granted staying further proceedings in the Execution Petition on condition of deposit of ` One lakh within one month from 4.3.2011. O.P.(C) No.898/2011 2 That order was modified by permitting the petitioner to deposit the amount in two instalments of ` 50,000/- each payable on or before 11.4.2011 and 25.5.2011. It is submitted that the first instalment of ` 50,000/- was deposited before the executing court. The petitioner prays for extension of time for deposit of the second instalment. 3. The learned counsel appearing for the second respondent submitted that the second respondent had deposited before the executing court only 25% of the purchase money and the balance amount was not deposited. The learned counsel for the second respondent also submitted that he is not interested in getting the property and that he is not in a position to deposit the balance amount. If so, the court auction sale has to be set aside. There is no necessity for prosecuting the Original Petition. The Original Petition is accordingly closed. K.T.SANKARAN JUDGE csl O.P.(C) No.898/2011 3 O.P.(C) No.898/2011 4 K.T.SANKARAN, J. -------------------------------------- I.A.No.4866 of 2011 in O.P.(C).No.898 of 2011 --------------------------------------- Dated this the 28th day of March, 2011 O R D E R An interim order was passed before this Court on 4.3.2011 directing the petitioner to deposit Rupees One lakh within a period of one month. On 15th March 2011, the petitioner has filed this application to permit him to deposit the amount of Rupees One lakh in two equal monthly instalments. It is stated that the petitioner is aged 64 years and he is a senior citizen. In the facts and circumstances of the case, the condition in the interim order dated 4.3.2011 is modified as follows : The amount of Rupees One lakh shall be deposited in O.P.(C) No.898/2011 5 two equal instalments of ` 50,000/- each. The first instalment shall be paid on or before 11.4.2011 and the balance ` 50,000/- shall be paid on or before 25.5.2011. K.T.SANKARAN JUDGE csl