VENNILA Vs. ALEXANDER

JUDGEMENT

(1.) 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 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.