IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 OP(C).No. 4041 of 2011(O) ------------------------- EP NO.245/2009 IN OS NO.269/2006 OF SUB COURT, THALASSERY PETITIONER (S): -------------------- KOLENCHERRY SURENDRAN, AGED 48 YEARS, S/O.LATE GOPALAN, WHITE HOUSE, KARAYATTA, NEERVELI, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- HOUSING AND URBAN DEVELOPMENT CORPORATION LTD., HAVING ITS REGISTERED OFFICE AT HUDCO BHAVAN, INDIA HABITAT CENTRE, LODHI ROAD, NEW DELHI, AND HAVING ITS RETAIN FIANNCE UNIT AT HUDCO NIVAS, 1ST FLOOR, ZAMORIN'S SQUARE, JAIPARAKASH NARAYANAN ROAD, NAGARAM VILLAGE, KOZHIKODE TALUK, PIN 670082. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C0NO.4041/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE JUDGMENT DATED 27.09.2011 IN OP(C0 NO.3103 OF 2011 OF THIS COURT EXT.P2 CERTIFIED COPY OF THE EP NO.245/2009 IN OS NO.269 OF 2006 ALONG WITH DOCKET ORDER DATED 12.10.2011 OF SUB COURT THALASSERY WITH TYPED ORDER. //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.4041 of 2011 -------------------------------------- Dated this the 9th day of December, 2011. JUDGMENT Petitioner is the judgment debtor in E.P.No.245 of 2009 in O.S.No.269 of 2006 of the court of learned Sub Judge, Thalassery. That court has passed a decree against petitioner for payment of money to the respondent and, as it stands now, the amount payable is around `10 lakhs. At a time when property of petitioner was being proceeded against and proclaimed for sale petitioner approached this Court with O.P.(C) No.3103 of 2011 and this Court by Ext.P1, judgment dated 27.09.2011 permitted petitioner to seek installment facility in the executing court on condition of payment of `50,000/-. Learned counsel submitted that the said amount has already been deposited and a request was made to the executing court for installment facility to pay the amount at the rate of `10,000/- per month. Executing court considered the request and directed petitioner to pay the amount in ten equal monthly installments beginning from 05.11.2011. That order is under challenge. 2. It is submitted by the counsel that petitioner is unable to pay the amount as directed by the executing court. OP(C) No.4041/2011 2 3. Having regard to the circumstances stated and considering the fact that huge amount is due to the respondent, I am inclined to permit petitioner to pay the amount in 15 equal monthly installments. To that extent, the order under challenge is to be modified. Resultantly this Original Petition is allowed as follows: i. In modification of Ext.P2, order passed by learned Sub Judge, Thalassery on 12.10.2011 (in E.P.No.245 of 2009 in O.S.No.269 of 2006) petitioner is permitted to pay/deposit in the executing court for payment to the respondent the balance amount due under the decree in 15 (fifteen) equal monthly installments beginning from 01.01.2012 onwards provided that by the last installment the entire balance amount is paid. (ii) Payment/deposit as aforesaid shall be made on or before the 5th of each month and if that day happens to be a holiday, such payment/deposit shall be made on the next working day. (iii) In case of any two default in payment/deposit of the installments it will be open to the executing court to proceed with sale of the property. (iv) Petitioner shall file affidavit in the executing court within two OP(C) No.4041/2011 3 weeks from this day waiving fresh proclamation for such sale. (v) Sale of the property shall stand adjourned during the above said period or till default as above stated in clauses (iii) and (iv) is committed whichever is earlier. THOMAS P.JOSEPH, Judge. cks