IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 29125 of 2005(P)
1. C.K.LAKSHMI, AGED 44,
... Petitioner
Vs
1. SUVARNA KURIES AND LOANS (P) LTD.,
... Respondent
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :SRI.A.MOHAMED MUSTAQUE
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :04/07/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) No. 29125 OF 2005
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Dated this the 4th day of July, 2007
JUDGMENT
The judgment debtor whose properties have been brought to sale
by the respondent decree holder in execution of a money decree has
filed this Writ Petition under Article 227 complaining that Ext.P2
objections filed by him have not been considered by the execution court.
He also urges through the Writ Petition that she is a traditional
pappadam maker and therefore her house cannot be attached and sold
since she is entitled to get the benefit granted under Section 60 (1) (c) of
CPC.
2. Heard Sri.Ravi Pariyarath, counsel for the petitioner and
Sri.Sumod counsel for the 4th respondent. As rightly submitted by
Mr.Sumod it is not contended in Ext.P2 at all, that the petitioner is
entitled to the benefit of Section 60 (1) (c) of the CPC, instead the
contention is only that the properties which are now attached and sought
to be sold no longer remain the property of the petitioner. That
contention, I agree with Mr.Sumod is a contention to be raised by the
present owners of the property through proper claim petition under Rule
58 of Order XXI. Obviously, the petitioner is in need of time for paying
decree debt. Noticing this fact, this court while admitting this Writ
WPC No. 29125 of 2005
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Petition granted stay on condition that the petitioner shall pay Rs.5,000/-
within one month from 17.10.05. Mr.Ravi submits that the above
condition was promptly complied with by the petitioner. I accept the
above submission and dispose of the Writ Petition issuing the following
directions:
The order of stay will continue until the court passes an order on a
prospective application to be submitted by the petitioner for recording
full satisfaction of the decree subject to the following conditions. The
petitioner pays every month commencing from 1st of August 2001 at the
rate of Rs.4,000/- towards the decree debt till the entire decree debt is
discharged. When she feels that the entire decree debt is discharged, it
is open to her to file application for recording full satisfaction. The
petitioner will forfeit the benefit of this judgment if she defaults payment
of any two instalments.
PIUS C. KURIAKOSE, JUDGE
btt
WPC No. 29125 of 2005
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