IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 12848 of 2004(D)
1. M.KUMAR S/O. MAHALINGAM,
... Petitioner
2. M.MURUGA NATHAN, S/O. MAHALINGAM,
Vs
1. S.P.JAYAKUMAR S/O. PALANI SWAMI GOWDER,
... Respondent
For Petitioner :SRI.PHILIP T.VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :29/11/2007
O R D E R
PIUS C. KURIAKOSE,J.
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W.P.(C) No.12848 of 2004
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Dated: 29th November, 2007
JUDGMENT
Under challenge in this Writ Petition under Article 227 of the
Constitution initiated by the judgment-debtors before the execution
court is the order dated 11.3.2004 passed by the execution court
directing sale of 62 cents of property belonging to the petitioners and
situated to the west of the public road. The claim in the E.P. was for a
total sum of Rs.1,59,744/-. One of the grounds raised is that the
execution court should not have ordered sale on 11.3.2004 and
should have permitted the petitioners to discharge the decree debt in
monthly instalments. Noticing the above ground, while admitting this
Writ Petition, the court became inclined to grant stay only by
imposing condition that a sum of Rs.20,000/- shall be paid on or
before 1.6.2004. Thereafter on 19.10.2004, the order of stay was
extended imposing a further condition that a sum of Rs.20,000/- shall
be paid within three weeks from 19.10.2004. The order of stay was
further extended on 17.11.2004 imposing condition that a further
sum of Rs.10,000/- should be paid within one month from
17.11.2004. It is not clear whether these conditions have been
complied with and the order of stay is actually in force. Whatever that
W.P.C.No.12848/04 – 2 –
be, since there is no contest to the prayers in this Writ Petition, the
Writ Petition will stand disposed of directing that the order of stay will
continue on condition that the petitioners pay at the rate of
Rs.10,000/- towards the decree debt every month commencing from
1.1.2008 till such time as the entire decree debt is wiped off. In the
event of any default, the petitioners will forfeit the above instalment
facility. Once the petitioners feel that the entire decree debt has been
wiped off, it is open to them to file an application for recording full
satisfaction. If such an application is received, the execution court will
dispose of that application with notice to both sides and in accordance
with law.
srd PIUS C.KURIAKOSE, JUDGE