PUTHENPURAYIL MOHANAN Vs. P.K.NAZEEMUDDIN AHAMMED

JUDGEMENT

(1.) PETITIONER is the judgment debtor in E.P.No.117 of 2011 in O.S.No.133 of 2009 of the Sub Court, Thalassery.

(2.) THE 1st respondent/decree holder has obtained Ext.P2, judgment and decree of the II Additional Sub Court, Kozhikode against petitioner and others for recovery of money and consequently filed Ext.P1, application in the Sub Court, Thalassery for execution requesting the executing court to realise the amount by sale of property belonging to the petitioner. Petitioner filed Ext.P4, objection, objecting valuation of the property and claiming that sale of a portion of the property alone is sufficient to discharge the decree. In the meantime, the matter was referred to the Lok Adalath which mediated the matter and passed Ext.P5, award on 17.10.2012 stating the amount which petitioner has to pay to the 1st respondent. That amount was also not paid. Hence the executing court has directed sale of property on 22.01.2013 as per Ext.P6, order. That order is under challenge.

(3.) THE next request is for facility to pay the amount in installments. The learned counsel states about the financial difficulties of the petitioner.