IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 OP(C).No. 3542 of 2011(O) ------------------------------------- EA.488/2011 OF EP.106/2011 IN ARC.1164/2008 of SUB COURT, TIRUR .................... PETITIONER: ------------------- VARAMBANALUNGAL SIDHEEQUE, S/O.BEERANKUTTY, MAMBURAM P.O., ABDURAHIMAN NAGAR AMSOM, MAMBURAM DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): -------------------------- THE SECRETARY, THE PARAPPANANGADI REGIONAL HOUSING CO-OPERATIVE SOCIETY LTD. NO.(M)38, PARAPPANANGADI P.O., PIN-676 303, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 3542 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE E.P.106/2011 FIELD BEFORE THE SUB COURT, TIRUR DATED 27/06/2011 FOR DELIVERY OF THE PROPERTY PURCHASED BY THE RESPONDENT. EXT.P2: COPY OF THE E.A.488/2011 IN E.P.106/2011 BEFORE THE SUB COURT, TIRUR DATED 25/10/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3542 of 2011 -------------------------------------- Dated this the 2nd day of November, 2011. JUDGMENT Petitioner is the judgment debtor in E.P.No.106 of 2011 of the Sub Court, Tirur where an award for recovery of money in A.R.C.No.1164 of 2008 is being executed. Petitioner claims that he was set exparte in the A.R.C. proceeding and did not get notice of execution proceeding. He was set exparte in the execution proceeding. In the meantime the property was sold in auction and purchased by the respondent/decree holder. Respondent filed E.P.No.106 of 2011 for delivery of property. It is thereafter that petitioner learnt about the exparte order against him in the execution proceeding. Petitioner filed Ext.P2, application to set aside the exparte order in execution. That application is pending consideration. In the meantime petitioner apprehends that the property may be delivered over to the respondent/decree holder. 2. Learned counsel submits that petitioner is willing to pay the amount in installments. 3. It is seen that Ext.P2, application is dated 25.10.2011 and it has not been disposed of so far. Having regard to the circumstances, I am inclined to grant some relief to the petitioner. Resultantly this Original Petition is disposed of as follows: i. The delivery proceedings in E.P.No.106 of 2011 of the Sub Court, OP(C)No.3542/2011 2 Tirur ( in A.R.C.No.1164 of 2008) will stand in abeyance for a period of one month from this day on condition that petitioner pays/deposits in the executing court for payment to the respondent/decree holder `1,00,000/- (Rupees One lakh only) within three weeks from this day. ii. If petitioner is desirous of paying the amount in installment, it is open to the petitioner to make a request in that regard before the executing court. iii. Executing court is directed to dispose of Ext.P2, application as provided under law within the said period of one month from this day. iv. If the condition for deposit of the amount is not complied, it will be open to the executing court to proceed with execution as provided under law. THOMAS P.JOSEPH, Judge. cks