IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 OP(C).NO. 3790 OF 2011(O) ----------------------------------------- AGAINST THE ORDER IN EP 55/2009 IN OS.63/2000 OF SUB COURT, PAYYANNUR .................... PETITIONER: -------------------- VAYAVEETTIL NARAYANANS/O.SANKARAN NAIR, KOOVERI VILLAGE, PADAPPENAGD KARA, TALIPARAMBA TALUK, KANNUR DIST BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENT(S): ----------------------- MUDAVANATT JOSE ,S/O.VARKEY KOOVERI VILLAGE, PADAPPENGAD KARA, TALIPARAMBA TALUK, KANNUR DIST-670581 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3790 of 2011 ==================================== Dated this the 21st day of November, 2011 J U D G M E N T Petitioner is the judgment debtor in E.P. No.55 of 2009 in O.S. No.63 of 2007 of the court of learned Sub Judge, Payyannur. Respondent has obtained a decree for recovery of money from petitioner and that decree is put to execution. Property of petitioner is being brought up for sale on 24.11.2011. Though various contentions are raised against proceedings of the executing court when the matter came up for hearing learned counsel confined the claim of petitioner to a request for two months' time to pay the entire amount due under the decree and adjourn the sale of property during the said period of two months. 2. Having regard to the circumstances stated I am inclined to grant time to the petitioner to discharge the decree debt. Resultantly, this Original Petition is disposed of as follows: (a) Petitioner is granted two months' time from 24.11.2011 to pay/deposit in the executing court O.P(C) No.3790 of 2011 -: 2 :- the balance amount due under the decree. (b) It is directed that sale of property scheduled to be held on 24.11.2011 will stand adjourned to a day after two months from 24.11.2011 subject to the following conditions. (1) That, petitioner files affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for sale for such sale. (2) That, petitioner pays/deposits in the executing court Rs.50,000/- (Rupees Fifty thousand only) within a month from this day. (3) It is made clear if any of conditions (a) and (1) and (2) is not complied it is open to the executing court to proceed with the sale of property. THOMAS P. JOSEPH, JUDGE. vsv