ANITHA SURESH PROPRIETOR Vs. ABDUL SATHAR KAKKICHI

JUDGEMENT

(1.) PETITIONER has suffered a decree for payment of money in O.S. No.299 of 2008 of the court of learned Munsiff, Kannur. In execution of that decree (E.P.No.218 of 2008) respondent has brought the property of petitioner for sale which is scheduled to be held on 03.08.2010. PETITIONER states that on account of financial difficulties she is unable to pay the entire amount before 03.08.2010 and save the property from sale. It is stated that petitioner has already paid Rs.10,000/-. Learned counsel states that petitioner is ready to pay another sum of Rs.15,000/- within a week from this day. Counsel requests that sometime may be given to the petitioner to pay the balance amount.

(2.) ACCORDING to the petitioner Rs.48,000/- is due to the respondent as per the decree of which she has already paid Rs.10,000/- and is willing to pay Rs.15,0000/- within a week. Considering these aspects and also difficulties of petitioner stated by learned counsel I am inclined to grant two months' from this day to the petitioner to pay the amount due under the decree but subject to conditions. Resultantly, this Writ Petition is allowed in the following lines: (a) Learned Munsiff, Kannur executing the decree in O.S. No.299 of 2008 is directed to adjourn the sale of property scheduled to be conducted on 03.08.2010 to a day after two months from this day subject to the following conditions: (i) Petitioner shall file affidavit in the executing court on or before 03.08.2010 waiving fresh proclamation for such sale. (ii) Petitioner shall deposit Rs.15,000/- (Rupees Fifteen thousand only) in the executing court for payment to respondent within a week from this day. (iii) Petitioner shall discharge the entire liability within two months from this day. In case any of the above conditions is not complied or on failure of petitioner to pay the balance amount within the period of two months granted hereby it will be open to the respondent to proceed with the sale of property pursuant to Ext.P1, sale notice.