IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 OP(C).No. 3763 of 2011(O) ------------------------- EP NO.19/2009 IN OS.389/2006 of MUNSIFF COURT, KARUNAGAPPALLY .................... PETITIONER ------------------------------ L.RADHAKRISHNA PILLAI, S/O.LAKSHMANAN PILLAI,AGED 47 YEARS, PANAMTHITTA VEEDU,PULIYOOR VANCHI EAST, THODIYOOR VILLAGE, KARUNAGAPPALLY BY ADV. SRI.BRIJESH MOHAN SMT.RESMI G. NAIR RESPONDENT(S): --------------- UNNIKRISHNAN, S/O.RAGHAVAN,EEZHATHENGIL VEEDU, MUZHANGODI MURI,THODIYOOR VILLAGE, KARUNAGAPPALLY 690 523 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.3763/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.1 TRUE COPY OF NOTICE DATED 9.11.2011 PURSUANT TO THE DIRECTION OF THE MUNSIFF COURT, KARUNAGAPPALLY //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3763 of 2011 -------------------------------------- Dated this the 19th day of November, 2011. JUDGMENT Petitioner is the judgment debtor in E.P.No.19 of 2009 in O.S.No.389 of 2006 of the court of learned Munsiff, Karunagappally. Respondent has obtained a decree for recovery of money from petitioner and in execution of that decree, property of petitioner is scheduled for sale on 24.11.2011. According to the petitioner, `81,481/- is due. He is prepared to pay the amount in five installments. Hence this Original Petition requesting time. 2. The request for installment facility should be made before the executing court and it is for that court to consider that request at the first instance after hearing the respondent also. But, to facilitate petitioner make that request, I am inclined to grant some time to the petitioner. Resultantly this Original Petition is disposed of as follows: i. Petitioner is permitted to request the executing court to allow him pay the amount due in installments. If any such request is made, the executing court shall decide on that request after hearing the respondent also. ii. To facilitate that request, it is directed that sale of property (ordered in E.P.No.19 of 2009 in O.S.No.389 of 2006 of the court of learned Munsiff, Karunagappally) scheduled on 24.11.2011 shall be adjourned to a day after one month from this day subject to the following conditions: OP(C)No.3763/2011 2 (a) that petitioner files affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for such sale. (b) that petitioner pays/deposits in the executing court for payment to the respondent `20,000/- (Rupees twenty thousand only) within two weeks from this day. iii. In case any of the conditions [(a) and (b)] is not complied, it will be open to the executing court to proceed with sale of property. THOMAS P.JOSEPH, Judge. cks