IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 OP(C).No. 422 of 2010(O) ------------------------ EP.44/2010 of SUB COURT, TIRUR .................... PETITIONER: -------------------- ALIKUTTY,AGED 49, S/O.ABDUL KADER, YARUKKANTE PURAKKAL, EDAKKADAPPURAM, RAYIRAMANGALAM PO,.TANUR,MALAPPURAM DISTRICT. REPRESENTED BY P/A AG28,Y HOLDER YOONAS AGED 28, S/O.ABDUL KADER,RESIDING AT,YARUKKANTE PURAKKAL EDAKKADAPPURAM,RAYIRAMANGALAM PO.TANUR,MALAPPURAM BY ADV. SRI.K.RAMACHANDRAN SRI.S.SREEDEV RESPONDENT(S): --------------- SHAJAHAN,S/O.CHERIYA BAVA, KURIANTEPURAKKAL HOUSE,RAYIRAMANGALAM AMSOM DESOM,EDAKKADAPPURAM, PO TANUR,MALAPPURAM DISTRICT ADV. SRI.JAMSHEED HAFIZ FOR R THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 422 of 2010(O) PETITIONER'S EXTS: EXT.P1: COPY OF POWER OF ATTORNEY EXECUTED BY ALIKUTTY IN THE NAME OF YOONAS DTD.7.10.2010. EXT.P2: COPY OF EP NO.44/2010 IN OS NO.185/06 DTD.25.3.2010 BEFORE THE SUB COURT, TIRUR. RESPONDENT'S EXTS: NIL /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. ------------------------------------- O.P(C)No.422 OF 2010 ------------------------------------- Dated this the 27th day of June, 2011 JUDGMENT The petitioner is the 6th judgment debtor in OS No.185 of 2006 on the file of the Court of the Subordinate Judge of Tirur. The decree was passed on 17.9.2008 for realisation of money. The total amount claimed in the Execution Petition is `1,53,131/- (Rupees One lakh fifty three thousand one hundred and thirty one only) and costs. The decree is sought to be executed by attachment and sale of the immovable property belonging to the petitioner. It is submitted that the property is proclaimed for sale to be held on 8.7.2011. 2. The relief prayed for in the Original Petition is to direct the Sub Court, Tirur to allow the petitioner to deposit 1/6th of the decree amount in monthly instalments of `5,000/- (Rupees five thousand only) and to release the attachment of the property. The prayer for payment of 1/6th of the decree amount is on the basis that the petitioner is one among the six judgment debtors and all the judgment debtors have equal liability to pay the decree amount. This contention cannot be O.P(C)No.422 OF 2010 2 accepted at all, as such a contention is not available in law to the petitioner. 3. As regards the prayer for granting instalment facility, the learned counsel for the respondent submitted that a short time can be granted, provided sufficient safeguards are taken to protect the interests of the decree holder. The learned counsel for the respondent also submitted that an Execution Petition was filed earlier for arrest and detention of the judgment debtors and that Execution Petition was dismissed as notice could not be served on the judgment debtors, all of them having gone abroad. 4. The learned counsel for the petitioner submitted that the petitioner is a fisherman and the property sought to be sold is his residential house and compound. Taking into account the facts and circumstances of the case and the submissions made by the learned counsel on either side, the Original Petition is disposed of as follows: O.P(C)No.422 OF 2010 3 a) The petitioner shall pay the decree debt in six equal monthly instalments. The first instalment shall be paid on or before 29.7.2011. The rest of the instalments shall be paid on the last working day of the succeeding months. b) If the petitioner commits default in payment of any of the instalments, the whole of the balance will become due on the date of default and the Execution Proceedings will continue and the sale will be held on the same proclamation. The petitioner waives fresh proclamation. c) The Execution Proceedings shall be kept in abeyance for a period of six months or till the date of default to facilitate the payment of the decree amount in the manner indicated above. K.T.SANKARAN, JUDGE. cms