IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 17TH AUGUST 2007 / 26TH SRAVANA 1929 WP(C).No. 23248 of 2005(P) -------------------------- AGAINST THE ORDER IN EP.93/99 IN ARC.157/1988 of MUNI-MAGI.COURT,PONNANI .................... PETITIONER: ------------ PONNANI TALUK RURAL HOUSING CO-OPERATIVE SOCIETY LTD., PONNANI, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: ---------------- 1. P. SAROJINI, PALANADU VEEDU, EZHUVATHIRITHY, PONNANI. 2. VINODKUMAR, DO. 3. PREMAN OF DO. 4. RAJI OF DO. 5. AMBUJAM OF DO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 23248 OF 2005 ----------------------------------- Dated this the 17th day of August, 2007 JUDGMENT The respondents, judgment debtors, have not entered appearance in this Court though they have been served with notice. The grievance of the petitioner, decree holder is that the learned Munsiff dismissed their execution petition in which the mode of execution of the money decree was by sale of the properties belonging to the judgment debtors. Mr.T.R. Harikumar, learned counsel for the petitioner submits that the judgment debtors were paying amounts in instalments and this was why the petitioner had not remitted necessary batta for issuing notice regarding settlement of the sale proclamation. The above submission is not resisted before me by the judgment debtors and the impugned order itself will show that a payment was made on that day also. The learned Munsiff himself has observed that the execution petition was an old one. Under these circumstances, I am of the view that the learned Munsiff was not justified in dismissing the Execution Petition which had reached the stage of settlement of sale proclamation, especially since the judgment debtors had been making instalment payments. Accordingly, I set aside Ext.P1 and direct the learned WPC No. 23248 of 2005 2 Munsiff to restore EP 93 of 1999 in ARC 157 of 1998 back to the files of Munsiff Magistrate Court, Ponnani. The learned Munsiff is also directed to proceed with the Execution Petition from the stage at which the same came to be dismissed. PIUS C. KURIAKOSE, JUDGE btt WPC No. 23248 of 2005 3