IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 OP(C).NO. 1007 OF 2011(O) --------------------------------------- E.P. NO.45 OF 2009 IN O.S. NO.114 OF 1997, SUB COURT, THALASSERY. PETITIONER: -------------------- YASODHA VADAVATHY, W/O.NANU, AGED 60 YEARS, MAVILAKANDI HOUSE, PINARAI P.O., THALASSERY TALUK, KANNUR DIST BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------------------- MATHEW MATTATHINANIKKAL, S/O.MATHEW, AGED 65 YEARS, FOREMAN OF ST.MARY'S CHITTY FUND, CHEMPERI P.O.,ERUVESSY AMSOM AND DESOM, TALIPARAMBA TALUK, KANNUR DIST ADV. SRI.V.C.JAMES FOR R1 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.1007 OF 2011 APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF E.P. NO.45 OF 2009 IN O.S. NO.114 OF 2007 ON THE FILE OF THE PRINCIPAL SUB COURT, THALASSERY. EXHIBIT P2 TRUE COPY OF OBJECTION FILED BY THE PETITIONER DATED 20.5.2010. EXHIBIT P3 TRUE COPY OF THE REVISED DRAFT SALE PROCLAMATION. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.1007 of 2011 ==================================== Dated this the 22nd day of July, 2011 J U D G M E N T Exhibit P3, sale proclamation in E.P. No.45 of 2009 in O.S. No.114 of 2007 of the court of learned Sub Judge, Thalassery is under challenge. Respondent has obtained a money decree and in execution property of petitioner was brought up for sale. 2. Though the challenge is to the sale proclamation, when the matter came up for hearing learned counsel for petitioner confined his request to an opportunity to pay the balance amount in installments. Leaned counsel submitted that as per the order of this Court he has deposited `50,000/- and certain other payments are also made. Learned counsel has requested for a facility to pay the balance amount in 15 installments. I have heard leaned counsel for respondent also. According to him petitioner is capable of paying the entire balance amount in lump and at any rate the number of installments sought is excessive. Having regard to the submissions made by counsel for parties and the difficulties of petitioner stated by learned counsel, I am inclined to permit petitioner deposit the entire balance amount in ten equal monthly O.P(C) No.1007 of 2011 -: 2 :- installments beginning from 01.09.2011. Resultantly, Original Petition is disposed of in the following lines: (a) Petitioner is permitted to deposit the entire balance amount due in the executing court in ten equal monthly installments beginning from 01.09.2011 onwards provided that by the last installment the entire amount is paid. (b) The deposit shall be made on or before 5th of every month and in case that day happens to be a holiday, deposit shall be made on the next working day. (c) 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. (d) Sale of the property will stand in abeyance during the said period of ten months from 01.09.2011 or till default as above stated is committed, whichever is earlier. O.P(C) No.1007 of 2011 -: 3 :- (e) Petitioner shall file an affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for sale. If the affidavit as aforesaid is not filed, executing court can proceed with sale of the property. (f) Amount if any deposited by petitioner can be withdrawn by the respondent. THOMAS P. JOSEPH, JUDGE. vsv