K S SHAJI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE petitioner is the third defendant in O.S.No.84 of 2004 on the file of the Court of the Subordinate Judge, Payyannur. THE suit was filed by the respondent Bank for realisation of money.On 1.12.2004, the suit was decreed. At that time, the petitioner prayed for six months' time for payment. That prayer was granted. However, the petitioner did not pay any amount.

(2.) EXECUTION was levied in E.P.No.99 of 2005. Though the EXECUTION Petition was filed in 2005, the Court passed the order for sale only on 11.3.2011. An extent of 50 cents (item No.1 of the decree schedule) belonging to the petitioner is sought to be sold for realisation of the decree amount. The amount claimed in the EXECUTION Petition is `4,02,515.75. Subsequent interest for more than six years is also due. The order for sale is under challenge in this Original Petition.