IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 14183 of 2006(L)
1. K.SASIDHARAN, S/O. KRISHNAN NAIR,
... Petitioner
2. M.V.RADHA, W/O. SASIDHARAN,
Vs
1. KOMBY ABDUL NAZAR, S/O. MOOSSA HAJI,
... Respondent
For Petitioner :SRI.RAJESH VIJAYAN
For Respondent :SRI.KRISHNA PRASAD. S
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.14183 OF 2006
...........................................................
DATED THIS THE 4th JULY, 2007
J U D G M E N T
I am not impressed very much by the grounds of challenge
raised against the decision of the execution court to proclaim the
properties belonging to the petitioners for sale. In fact, this Court also
thought at the time of admitting the Writ Petition that what the
petitioners require is time for paying off the decree-debt and
accordingly imposed a condition that a sum of Rs.15,000/- shall be
paid within three months from 31.5.2006. The learned counsel for the
petitioners claims that the above amount has been paid within the time
stipulated by this Court and there is no opposition by the learned
counsel for the respondent to this submission. According to the
counsel for the petitioners, payments subsequent to that also have
been made. The balance, counsel submits, will not be much and he
requests that the respondent be directed to file a balance statement.
The learned counsel for the respondent submits that the objective of
the petitioners is only to protract recovery of the decree-debt further
since there is no scope at all for disputing the correctness of the claims
in the E.P.
2. Whatever that be, I am inclined to dispose of this Writ
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Petition issuing the following directions:-
The order of stay presently passed will continue for another five
months from today. It is open to the petitioners to pay what according
to them is the correct balance within three months from today. While
making such payment, the petitioners will file a statement showing the
details of the payments so far made with copy to the respondent. The
court below will hear both sides on the correctness of the statement
filed by the petitioners and take a decision as to what exactly is the
balance due and will issue peremptory orders directing payment of the
said balance. At any rate, the whole exercise shall be completed
within the time frame of five months stipulated above and under no
circumstances the order of stay will continue beyond that period.
The Writ Petition is disposed of as above. No costs.
(PIUS C.KURIAKOSE, JUDGE)
tgl
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