IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 OP(C).No. 3103 of 2011(O) ------------------------- OS.269/2006 of PRL.SUB COURT.,THALASSERY .................... PETITIONER: -------------------- KOLENCHERRY SURENDRAN AGED 48 YEARS, S/O.LATE GOPALAN WHITE HOUSE, KARAYATTA NEERVELI, THALASSERY, KANNUR DISTRICT BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT: --------------- HOUSING AND URBAN DEVELOPMENT CORPORATION LTD HAVING ITS REGISTERED OFFICE AT HUDCO BHAVAN INDIA HABITAT CENTRE, LODHI ROAD NEW DELHI AND HAVIGN ITS RETAIN FINANCE UNIT AT HUDCO NIVAS, 1ST FLOOR, ZAMORIN'S SQUARE, JAIPRAKASH NARAYAANAN ROAD, NAGARAM VILLAGE KOZHIKODE TALUK-673001 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 3103 of 2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE E.P.NO.245 OF 2009 IN O.S.NO.269/2006 OF SUB COURT, THALASSERY EXT.P2 : COPY OF THE SALE PROCLAMATION IN the ABOVE E.P RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE THOMAS.P.JOSEPH, J. ========================= O.P(C).No.3103 of 2011 --------------------------------------------- Dated this 27th day of September, 2011 JUDGMENT Petitioner is the judgment debtor in E.P.No.245 of 2009 in O.S.No.269 of 2006 of the Court of learned Sub Judge, Thalassery. Respondent has obtained a money decree against petitioner and in the course of execution, has brought the property of petitioner – 8.94cents and residential building for sale on 29.09.2011 for recovery of Rs.10,05,761/-. Ext.P2, sale proclamation is under challenge. 2. At the time of hearing, learned counsel only requested facility for payment of the amount in installments. Nor do I find reason to interfere with Ext.P2, sale proclamation. But, I am inclined to permit petitioner request the executing court for installment facility but, subject to conditions. Resultantly this original petition is disposed of as follows: (i) Petitioner is permitted to request the executing court for payment of the amount in installments. If any such request is made, the executing court shall decide the matter after hearing respondent as well. (ii) It is directed that sale of the property scheduled to be held on 29.09.2011 will stand O.P(C).No.3103 of 2011 -: 2 :- adjourned to a day after one month from the said day subject to the following conditions: (a) That petitioner shall file affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for sale. (b) Petitioner pays to the respondent/deposits in the executing court for such payment `.50,000/- (Rupees Fifty Thousand Only) within two weeks from this day. (c) It is made clear that in case any of the conditions (a) and (b) is not complied, it will be open to the court below to proceed with the sale pursuant to Ext.P2, sale proclamation. Sd/- (THOMAS P JOSEPH, JUDGE) Sbna/-