IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 OP(C).No. 215 of 2011(O) ------------------------ EA.137/2010 IN EP.36/2010 of SUB COURT, KATTAPPANA .................... PETITIONER: -------------------- BIJU SEBASTIAN, S/O.SEBASTIAN, AGED 34 YEARS, THEKKEKKUTTU HOUSE, SANTHIGRAM KARA, KALKOONTHAL VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE, SRI.ADEEP ANWAR, SRI.ARJUN S.RAJ. RESPONDENT(S): -------------------------- T.T. THOMAS, S/O.THOMAS, AGED 47 YEARS, THAZHATHUTTUNDIYIL HOUSE, KATTAPPANA KARA, KATTAPPANA VILLAGE, UDUMPANCHOLA TALUK, PIN-685 554. BY ADV. SRI.S.SACHITHANANDA PAI. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 215 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE E.P.NO.36/2010 ON THE FILES OF SUB COURT, KATTAPPANA EXT.P2: COPY OF THE AWARD PASSED IN O.S.NO.88/2008 BEFORE THE ADALATH. EXT.P3: COPY OF THE OBJECTIONS TO THE EXECUTION PETITION NO.36/2010 ON THE FILES OF SUB COURT, KATTAPPANA IN WHICH OBJECTIONS TO THE ATTACHMENT PETITION EXT.P5 IS ALSO PREFERRED. EXT.P4: COPY OF THE RECEIPT ISSUED BY RESPONDENT DATED 26/05/2010. EXT.P5: COPY OF THE E.A.NO.137/2010 SEEKING TO ATTACH AND PRODUCE THE VEHICLE KL 7 E.3173. EXT.P6: COPY OF THE PUCCA PERMIT ISSUED IN THE NAME OF THE PETITIONER FOR A PERIOD OF 11/09/2007 TO 10/09/2012. EXT.P7: COPY OF THE ATTACHMENT ORDER PASSED IN E.A.NO.137/2010 ON THE FILES OF SUB COURT, KATTAPPANA. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs K.T.SANKARAN, J. ------------------------------ O.P(C).No.215 OF 2011 ------------------------------ Dated this the 1 st day of February, 2011 JUDGMENT The petitioner is the judgment debtor in E.P.No.36 of 2010 in O.S.No.88 of 2008 on the file of the Subordinate Judge, Kattappana. The Execution Petition was filed for execution of the decree in terms of the award passed by the Lok Adalath (Ext.P2). In the Execution Proceedings, the bus bearing registration No.KL-17E-3173 belonging to the petitioner was attached, as per the order dated 6 th January, 2011. It is stated that after attaching the vehicle, it was kept in the premises of the court. 2. The learned counsel for the petitioner submitted that the bus was being plied on the route and if the bus is kept in the court premises, exposing it to sun and rain, nobody will get any benefit. The learned counsel for the petitioner O.P(C).No.215 OF 2011 2 submitted that the bus may be released to the petitioner on appropriate conditions so that the interests of both the parties could be safeguarded. 3. The learned counsel for the respondent/decree holder submitted that after taking adequate safeguards, the bus can be released to the petitioner. 4. On a suggestion made by the counsel for the petitioner, the counsel for the respondent agreed that the petitioner can be granted facility to pay the decree amount in 12 equal monthly instalments. 5. Accordingly, the Original Petition is disposed of as follows: a) The petitioner/judgment debtor shall execute a bond before the Executing Court agreeing to produce the vehicle before court as and when directed by O.P(C).No.215 OF 2011 3 the court. b) The petitioner shall also execute a bond with two solvent sureties to the effect that on the failure of the judgment debtor to produce the vehicle before court as and when directed, the judgment debtor as well as the sureties shall be liable to pay a sum of Rs.2,50,000/-. c) The sureties who execute the bond as aforesaid shall be persons owning immovable properties and they shall produce the title deeds before court to satisfy the court that they own immovable properties. d) On execution of the bonds mentioned above, the vehicle shall be released to the petitioner forthwith. O.P(C).No.215 OF 2011 4 e) The petitioner shall pay the decree debt in twelve equal monthly instalments. The first instalment shall be paid on or before the 10 th March, 2011 and the subsequent instalments shall be paid on or before the 10 th of the succeeding months. If the petitioner fails to pay two consecutive instalments, the instalment facility will stand recalled and the Execution Proceedings shall be continued, in which case the petitioner shall be liable to surrender the bus which was released to him on security. The Original Petition is disposed of as above. K.T.SANKARAN, JUDGE. cms