IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 OP(C).No. 1087 of 2010(O) ------------------------- AS.244/2010 of DISTRICT COURT, ERNAKULAM OS.184/2003 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER: -------------------- SCARIA BABU @ BABU, AGED 45 YEARS, S/O.PAUL, CHITTEZHATH HOUSE, NEAR GANDHI SQUARE, MARADU VILLAGE, MARADU DESOM, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS: --------------- N.G.VARGHESE, AGED 53 YEARS, S/O.LATE JOHN, NJANACKAL HOUSE, CHUTTUPADU KARA, EDAPPALLY NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.1087 of 2010 --------------------------------------- Dated this 10th day of December, 2010 JUDGMENT Judgment debtor in E.P.No.371 of 2006 in O.S.No.184 of 2003 of the court of learned Principal Sub Judge, Ernakulam is the petitioner before me. He has suffered a decree for payment of money on the strength of a demand promissory note. Petitioner says that he has challenged judgment and decree in A.S.No.244 of 2010 and since there was some delay in filing that appeal, he filed Ext.P2, application to condone the delay. He has also filed Ext.P3, application for stay of execution of the decree. Since the delay has not been condoned, application for stay could not be taken up. Exts.P2 and P3, applications are posted on 06-01-2011. Learned counsel submits that notice on the said applications are already served on respondent/decree holder. In the meantime, half right of petitioner in 5 cents is being brought up for sale this day. Learned counsel therefore seeks a direction for postponement of the sale until Exts.P2 and P3, applications are disposed of. 2. Considering the circumstances stated by learned counsel including the difficulties of petitioner and since Exts.P2 and P3, applications are coming up before the appellate court on 06-01-2011 I am inclined to direct that sale shall be adjourned to a O.P(C).No.1087 of 2010 : 2 : day after 06-01-2011 but subject to conditions. Resultantly this petition is disposed of directing learned Principal Sub Judge, Ernakulam to adjourn sale of the property in E.P.No.371 of 2006 to a day after 06-01-2011 subject to the following conditions: (i) Petitioner shall, without prejudice to the contentions he has urged in A.S.No.244 of 2010, filed affidavit in the executing court before the time scheduled for sale this day waiving fresh proclamation for such sale. (ii) Petitioner shall deposit in the executing court (without prejudice to his contention in A.S.No.244 of 2010) Rs.20,000/- (Rupees Twenty Thousand Only) on or before 31-12-2010. Disbursement of the said amount shall depend on the decision in A.S.No.244 of 2010. (THOMAS P JOSEPH, JUDGE) Sbna/-