Kerala High Court
Vadakkeveettil Venugopalan vs Suresh Babu on 11 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
OP(C) NO. 1866 OF 2021
AGAINST THE ORDER IN EP 47/2020 IN OS 44/2018 OF SUB
COURT, KANNUR
PETITIONER/JUDGMENT DEBTOR/DEFENDANT:
VADAKKEVEETTIL VENUGOPALAN, AGED 60 YEARS
S/O.P.V. KUNHIKANNAN NAIR, FLAT NO. 6A,
SREEROSH APARTMENT, TALAP, KANNUR DISTRICT.
BY ADVS.
SRI.M.K.SUMOD
SRI.E.MOHAMMED SHAFI
SRI.K.R.AVINASH (KUNNATH)
SRI.ABDUL RAOOF PALLIPATH
RESPONDENT/DECREE HOLDER/PLAINTIFF:
SURESH BABU, S/O.RAJAN, AGED 39 YEARS,
RESIDING AT DILNA QUARTERS, NEAR OLD BUS STAND,
KANNUR - 670002.
BY ADV. SRI.K.ASHIS
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.1866 of 2021
2
JUDGMENT
Sale proclamation in E.P.No.47/2020 in
O.S.No.44/2018 pending before the Sub Court,
Kannur, is under challenge in this Original
Petition filed under Article 227 of the
Constitution of India.
2. When the matter is taken up for
hearing, the learned counsel for the
petitioner/judgment debtor expressed his
willingness to pay the decree debt and he
canvassed instalment facility to do so.
3. Though the learned counsel for the
decree holder, the respondent herein, is also
amenable for instalment payment, he submitted
that the instalment facility shall be
restricted to 8 to 10 months and not
thereafter.
4. As per the decree, Rs.16,10,989/- is
O.P.(C).No.1866 of 2021
the decree debt as on 16.10.2020 as shown in
the Execution Petition. It is submitted by the
learned counsel for the petitioner that in
connection with cheque bounces arising out of
the same transaction, Rs.2,75,000/- already
paid by the petitioner. Apart from that,
Rs.1,50,000/- (Rs.50,000 + Rs.1,00,000)
deposited during the pendency of the Execution
Petition, inclusive of the deposit made as
directed by this Court.
4. Having considered the prayer for
instalment facility, I am inclined to allow
the same. Accordingly, it is ordered that the
petitioner herein, who is the judgment debtor
shall pay Rs.1,00,000/- on every month
starting from 11.02.2022. The instalment
facility is confined to twelve months. If at
all, any further amount found to be due, even
after paying twelve instalments, the Execution
Court is at liberty to fix the balance amount
O.P.(C).No.1866 of 2021
and the petitioner can pay the same as the
last instalment, within a period of one month
thereafter. Till then, the stay will be in
operation.
It is specifically ordered that, if the
instalment facility provided is not strictly
complied with, even on failure to pay a single
instalment itself is a reason to proceed with
the sale of the property treating that there
shall be no stay in this case and the
Execution Court is at liberty to go with
execution to release the decree in full
satisfaction.
This Original Petition is disposed of,
accordingly.
Sd/-
A.BADHARUDEEN, JUDGE.
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O.P.(C).No.1866 of 2021
APPENDIX OF OP(C) 1866/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE EP 47/2020 IN OS
44/2018 DATED 16.10.2020.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT IN
EP 47/2020 IN OS 44/2018 DATED
24.08.2021.
EXHIBIT P3 TRUE COPY OF THE ORDER IN EP 47/2020
IN OS 44/2018 DATED 8.9.2021 OF THE
SUB COURT, KANNUR.
EXHIBIT P4 TRUE COPY OF THE SALE PROCLAMATION
DATED 21.10.2021.
EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT IN EA NO.
01/2021 IN EP NO.47/2020 IN OS NO.
44/2018 DATED 8.9.2021.
