IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 52 of 2010(O)
1. VENNILA
... Petitioner
Vs
1. ALEXANDER
... Respondent
For Petitioner :SRI.BIJU M.JOHN
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :24/09/2010
O R D E R
THOMAS P.JOSEPH, J.
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O.P(C) No.52 of 2010
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Dated this the 24th day of September, 2010
J U D G M E N T
Petitioner is the judgment debtor in E.P. No.290 of 2007 in
O.S. No.256 of 1996 of the court of learned Sub Judge-II, North
Paravur. Petitioner states that respondents filed E.P. No.349 of
2004 which was dismissed on 24.11.2006. In the meantime
certain payments were made to the respondents. Then
respondents filed E.P. No.290 of 2007. Learned counsel states that
the said execution petition was closed on 30.07.2009 and later
reopened without notice to the petitioner. Learned counsel states
that certain payments were also made to the respondent in
discharge of the decree debt but without considering the same and
without issuing notice property of petitioner is scheduled to be sold
on 28.09.2010. Hence petitioner requests in this petition to direct
learned Sub Judge to fix the balance amount payable to the
respondents as per the decree, set aside the sale notice and
permit petitioner to pay the balance decree amount if any in
installments.
2. Question whether petitioner has paid any amount to
O.P(C) No.52 of 2010
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the respondents and if so what is the balance amount due are
matters which the executing court has to decide. It is not clear
whether petitioner has been set ex parte in the execution petition.
Petitioner can raise all her objections in the executing court
including liability outstanding to be discharged. If the sale is
scheduled to be held on 28.09.2010 it is open to the petitioner to
request the executing court to adjourn the sale on appropriate
terms including that petitioner filed affidavit in the executing
court waiving fresh proclamation for such sale. I direct the
learned Sub Judge to consider the objection if preferred by the
petitioner and pass appropriate orders expeditiously, as provided
under law.
With the above observation Original Petition is closed.
THOMAS P. JOSEPH, JUDGE.
vsv