IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 OP(C).No. 860 of 2010(O) ------------------------ AGAINST THE ORDER IN EP.4/2008 IN OS.145/2006 of SUB COURT,NEYYATTINKARA .................... PETITIONERS ------------------------------- 1. PRABHAVATHI, D/O.AMMUKUTTY AMMA, AGED 61 YEARS, KRISHNA MANDIRAM, BHAGAVATHINADA, VENGANNOOR DESOM, PALLICHAL VILLAGE, THIRUVANANTHAPURAM. 2. PREMKUMAR, S/O.THANKASWAMI, AGED 35 YEARS, KRISHNA MANDIRAM, BHAGAVATHINADA, VENGANNOOR DESOM, PALLICHAL VILLAGE, THIRUVANANTHAPURAM. 3. PREETHA, W/O.AJAYAKUMAR, AGED 36 YEARS, UTHANATATHIYIL, MANIKKAPURAM, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.M.K.ABOOBACKER RESPONDENT(S): --------------- SASIKUMAR, S/O.BHASKARAN NAIR, AGED 56 YEARS, T.C.36/1088, MEDAYIL VEEDU, INCHAKKAL JUNCTION, PERUMTHANNI WARD, PALKULANGARA VILLAGE, THIRUVANANTHAPURAM-695 001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.860 of 2010 -------------------------------------- Dated this the 25th day of November, 2010. JUDGMENT Judgment debtors in E.P.No.4 of 2008 in O.S.No.145 of 2006 of the court of learned Sub Judge, Neyyattinkara are the petitioners before me challenging Ext.P1 and Ext.P2 series, orders. There was an agreement for sale between petitioner No.1 and her husband on the one side and respondent on the other side. Respondent sued for specific performance of that agreement for sale, but the court granted him a decree for recovery of Rupees three and a half lakhs with interest at the rate of 12% per annum. In the meantime, husband of petitioner No.1 expired. Respondent filed E.P.No.4 of 2008 against the petitioners who include other legal representatives of deceased husband of petitioner No.1. According to the petitioners, they have remitted certain amount towards the amount due under the decree. Now 1.5 Ares and residential building belonged to the petitioner were being brought up for sale and scheduled to be sold in the executing court this day. It is at this stage that petitioners challenge Ext.P1 and Ext.P2 series. 2. Though certain contentions are raised against Ext.P1 and Ext.P2 series those contentions are not pressed before me and learned counsel only sought time to pay the amount due under the decree. It is submitted that entire property of petitioners is being brought up for sale and if sold, petitioners OP(C) No.860/2010 2 will be thrown on road. Learned counsel submits that petitioners are not able to raise the amount in lump sum and seeks ten (10) months time to pay the amount due under the decree. Having regard to the circumstances stated I am inclined to grant three (3) months time from 22.12.2010 to deposit the amount subject to conditions. Resultantly this petition is disposed of in the following line: Petitioners are granted three (3) months time from 22.12.2010 to deposit in the executing court the amount due under the decree and the sale of property scheduled to be held this day will stand adjourned to a date after three months from 22.12.2010 subject to the following conditions: (a) Petitioners shall file affidavit in the executing court before the time scheduled for sale this day undertaking to waive fresh proclamation for such sale. (b) Petitioners shall deposit Rs.50,000/- (Rupees fifty thousand only) in the executing court for payment to respondent on or before 22.12.2010. (c) Petitioners shall deposit the balance amount due under the decree within three months from 22.12.2010 in equal monthly installments provided that by the last installment the entire amount due is paid. The deposit shall be made on or before 22nd of each month. (d) I make it clear that it will be open to the petitioners to request the executing court for grant of further time for deposit and if any such request is made the executing court shall decide that request after hearing counsel for respondent as well. OP(C) No.860/2010 3 (e) In case the affidavit as aforesaid is not filed, there is default in deposit of any installment as aforesaid or, the entire amount is not deposited within the time granted as aforesaid (unless in the meantime further time is granted by executing court) it is open to the executing court to proceed with sale of property pursuant to Ext.P1 and Ext.P2 series. THOMAS P.JOSEPH, Judge. cks