Nelluvai Ammini vs Chavakkad Taluk Rural Housing Co Operative Society No.R.344, Represented By Secretary

A. Badharudeen, J.

Confirmation of sale in E.P.No.1012/2017 in A.R.C.No.45/2017, pending before the Munsiff Court, Chavakkad, sought to be stayed in this petition

filed under Article 227 of the Constitution of India only on the ground that the judgment debtors/petitioners herein are ready to pay the decree amount.

However, they could not pay the same in lump. They want 3 months' more time to pay the same.

Though the plea sought for by the judgment debtors/petitioners herein cannot be justified, in the interest of justice and taking note of the willingness

expressed by the petitioners to pay the decree amount, I am inclined to grant stay in Ext.P2 execution proceedings for a period of one month. It is

ordered that judgment debtors/petitioners herein shall pay Rs.1,50,000/- (Rupees One lakh fifty thousand only) within a period of 30 days from today

and the remaining amount by 3 installments in equal proportion, as fixed by the execution court. It is specifically ordered that if Rs.1,50,000/- ordered

to be paid within a period of 30 days from today is not deposited, there shall be no stay in proceeding with the execution. It is also made clear that if at

all the first installment is paid, in case of default of the remaining installments or even on failure to pay one installment is a reason to proceed with the

execution deeming that there will be no stay in operation in view of this order.

The Original Petition is disposed of as above.