IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 OP(C).No. 3413 of 2011(O) ------------------------- EP NO.238/2009 IN OS.267/2007 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER(S): ------------------------------ REGHU SHENOY,S/O LATE SADANANDA SHENOY, "KANHYA" XL/7026,M.G.ROAD,AGED 52 YEARS, ERNAKULAM. BY ADV. SRI.C.J.JOY SMT.VALSAMMA KURIAN RESPONDENT(S): --------------- JOSEPH JERRY,S/O.JOHN,AGED 56 YEARS, KOCHERRY HOUSE,FORT KOCHI-682001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.3413/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE RELEVANT PAGES OF THE EXECUTION PETITION NO.238/2009 IN O.S.267/2006 DATED 22/5/2009 ` FILED BY THE RESPONDENT. EXT.P2: TRUE COPY OF THE E.A.974/2011 DATED 27/7/2011 FILED BY TH JUDGMENT DEBTOR. EXT.P3: TRUE COPY OF THE E.A.974/2011 DATED 27/7/2011 FILED BY THE JUDGMENT DEBTOR. EXT.P4: TRUE COPY FO THE SALE PROCLAMATION NOTICE DT:9/7/2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3413 of 2011 -------------------------------------- Dated this the 25th day of October, 2011. JUDGMENT In view of the order I propose to pass, notice to the respondent is dispensed with. 2. Petitioner is the judgment debtor in E.P.No.238 of 2009 in O.S.No.267 of 2007 of the court of learned Principal Sub Judge, Ernakulam. Respondent obtained a money decree against the original defendant who expired on 29.08.2009. Respondent initiated execution proceeding against petitioner and others being legal representatives of the deceased defendant and who inherited his properties. Respondent took steps to bring the property of the deceased defendant for sale. The executing court fixed upset price of the property at `19,95,000/-. At that time, petitioner filed E.A.Nos.974 of 2011, 975 of 2011 and 1013 of 2011 for review of the order settling the proclamation, permission for private sale of the property to discharge the liability of respondent and to recall the order proclaiming sale of the property. Those applications, I am told, were dismissed for default on 24.09.2011. It is submitted that though petitioner has applied for a copy of the orders dated 24.09.2011, he is yet to get the same. In the meantime, the property is scheduled to be sold on 27.10.2011. Hence this Original Petition seeking a direction to the learned Sub Judge to issue certified copy of the orders dated 24.09.2011 on the applications above stated OP(C) No.3413/2011 2 and, to issue such other appropriate orders as circumstances required. 3. Learned counsel for petitioner submits that petitioner is ready to discharge the liability of respondent by private sale of the property, if permitted. It is also submitted that the upset price fixed is low having regard to the potentiality of the land involved. 4. Having heard learned counsel I am inclined to give a direction for issue of copy of the orders. At the same time it is necessary that sale of the property is adjourned so that it is open to the petitioner to get copy of the orders sought to be challenged and take necessary steps in the matter. But, the petitioner has to deposit a portion of the decree amount payable to the respondent. Resultantly this Original Petition is disposed of as follows: i. Learned Principal Sub Judge, Ernakulam is directed to issue certified copy of orders dated 24.09.2011 on E.A.Nos.974 of 2011, 975 of 2011 and 1013 of 2011 in E.P.No.238 of 2009 in O.S.No.267 of 2007, if applied for, on usual terms as early as possible, at any rate within a period of two weeks from the date of receipt of a copy of this judgment. ii. It is directed that sale of the property in E.P.No.238 of 2009 shall be adjourned to a day after three weeks from this day subject to the following conditions: OP(C) No.3413/2011 3 (a) that petitioner deposits in the executing court payment to the respondent `5,00,000/-(Rupes Five lakhs only) within ten days from this day. (b) that petitioner and other legal representatives of the deceased original defendant who are on record as judgment debtors file affidavit in the executing court (without prejudice to the contentions they have raised in the executing court and, their right to challenge the impugned orders) before the time scheduled for sale waiving fresh proclamation for such sale. (c) In case any of the above conditions is not complied, it will be open to the executing court to proceed with the sale of property as scheduled. THOMAS P.JOSEPH, Judge. cks