IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 OP(C).No. 700 of 2010(O) ------------------------ AGAINST THE ORDER IN EP.435/08 IN OS.289/2005 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER/4TH J.D/4TH DEFENDANT: ---------------------------------------------------- SHIJI MATHEW,W/O.MATHEW ANTONY, PALLATH HOUSE,PALARIVATTOM KARA,POONITHURA VILLAGE,KANAYANNUR TALUK. BY ADV. SRI.BABU CHERUKARA SRI.ANZAR BASHEER RESPONDENT/ D.H./PLAINTIFF: ----------------------------- ANGAMALY CHITTY FUND PVT.LTD, REGISTERED OFFICE AT ANGAMALY,REP.BY ITS MANAGING DIRECTOR,T.K.JOSEPH,THADATHIL HOUSE, THOTTAKKATUKARA,ALUVA VILLAGE,ALUVA TALUK, PIN-683101. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.700 of 2010 --------------------------------------- Dated this 12th day of November, 2010 JUDGMENT Petitioner is judgment debtor No.4 in E.P.No.435 of 2008 in O.S.No.289 of 2005 of the court of learned Sub Judge, Ernakulam. Petitioner has suffered a money decree and as per the execution petition amount payable is `.3,55,094/-. Petitioner claimed to have paid `.2,13,000/- (according to the petitioner) and as per Ext.P3, balance statement amount now payable is `.1,95,312/-). He states that he has only 3 cents of land (within the limits of Kochi Corporation) which is scheduled to be sold on 16-11-2010 for `.Five Lakhs. According to the petitioner upset price fixed is very low. 2. Though various contentions are raised against the sale notice, petitioner now seeks three months' time to pay the amount due under the decree. Learned counsel states that petitioner is not able to raise the amount immediately. Having regard to the facts and circumstances of the case I am inclined to grant three months' time to the petitioner. Resultantly this petition is disposed of in the following lines. (i) Petitioner is granted three (3) months' time from 01-12-2010 to discharge the liability under the decree subject to the following conditions:- O.P(C).No.700 of 2010 : 2 : (a) Petitioner shall deposit in the executing court for payment to respondent at the rate of not less than Rs.35,000/- (Rupees Thirty Five Thousand Only) per month beginning from 01-12-2010 onwards. The deposit shall be made on or before 5th of every month. It is made clear that entire liability shall be discharged within the time granted hereby. (b) The sale of property scheduled to be held on 16-11-2010 will stand adjourned to a day after three months from 01-12-2010 on condition that petitioner files an affidavit in the executing court before the time scheduled for sale (16-11-2010) waiving fresh proclamation for such sale. (c) In case of default in deposit of any installment or the entire amount is not paid within the time granted hereby it will be open to the respondent to proceed with sale of the property. (THOMAS P JOSEPH, JUDGE) Sbna/-