IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 OP(C).No. 3716 of 2011(O) ------------------------- EP.63/2011 IN OS 78/2009 of SUB COURT, MANJERI .................... PETITIONER(S): -------------------- SUNILKUMAR THUVVAKKADAN, AGED 35 YEARS, S/O.UNNICHUNDAN, THUVAKKADAN HOUSEM ERNAD TALUK, PAYYANAD AMSOM, MALAPPURAM DISTRICT. BY ADV. SRI.ESM.KABEER SRI.ABDUL MAJEED.N RESPONDENT(S): --------------- MUHAMMED RABEER, AGED 29 YEARS, S/O.ABOOBACKER HAJI KOLLAMPARAMBAN, ERNAD TALUK, POOKOTTUR AMSOM 676106, MALAPPURAM DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.3716/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORIGINAL SUIT NO.78/2009 FILED BEFORE THE SUB COURT, MANJERI DATED 21.3.2009 EXT.P2 TRUE COPY OF THE WRITTEN STTEMENT FILED BY THE PETITIOENR DATED 25.6.2009 EXT.P3 TRUE COPY OF SALE NOTIFICATION DATED 27.5.2011 EXT.P4 TRUE COPY OF JUDGMENT IN OS NO.78/2009 DATED 4.1.2011 EXT.P5 TRUE COPY OF THE DECREE IN OS NO.78/2009 DATED 4.1.2011 EXT.P6 TRUE COPY OF PETITION TO SET ASIDE THE EXPARTE DECREE //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3716 of 2011 -------------------------------------- Dated this the 16th day of November, 2011. JUDGMENT Notice to the respondent is dispensed with. 2. At a time when the property of petitioner is scheduled to be sold by the executing court this day (16.11.2011), petitioner has approached this Court with this Original Petition requesting time for payment of the amount. 3. Respondent has obtained a decree for recovery of money from the petitioner based on an agreement for sale. Respondent filed E.P.No.63 of 2011 for execution of the decree and the property of petitioner is scheduled to be sold this day. Learned counsel submits that petitioner is unable to pay the entire amount in lump and prays for time to pay the amount. . The request for time should be made before the executing court and it is for that court to consider that request after hearing respondent also. However, having regard to the circumstances brought before me and since the property of petitioner is scheduled for sale this day I am inclined to grant breathing time to the petitioner. Resultantly this Original Petition is disposed of as follows: i. Petitioner is permitted to request the executing court for grant of reasonable time to pay the amount due under the decree. If any such request is made the executing court shall decide on that request after hearing OP(C)No.3716/2011 2 the respondent also. ii. To facilitate that request, it is directed that sale of property scheduled this day (16.11.2011) shall be adjourned to a day after one month from this day subject to the following conditions: (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 Rs.50,000/- (Rupees fifty 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 the sale of property. Registrar (Judicial) shall intimate the gist of judgment to the learned Sub Judge, Manjeri forthwith. THOMAS P.JOSEPH, Judge. cks