P.S. Subil vs P. Rajan

K.T. Sankaran, J.—The petitioner, the judgment debtor in O.S.No.126 of 2005 on the file of the court of the Subordinate Judge of Telicherry, challenges the order dated 15.10.2009 directing sale of the immovable property belonging to the petitioner. It is submitted by the learned Counsel for the petitioner that the petitioner waives all the contentions raised in the revision petition and the only prayer of the petitioner is to grant a facility to pay the balance decree amount in six monthly instalments. The learned Counsel appearing for the decree holder submitted that the petitioner has not paid any amount for a considerable length of time.

Taking into account the facts and circumstances of the case, I think a reasonable time can be granted to the petitioner to pay off the decree debt. In the facts and circumstances, the revision petition is disposed of as above:

(i) The petitioner is permitted to pay the balance decree amount in six equal monthly instalments. The first instalment shall be paid on or before 30.6.2011 and the balance monthly instalments shall be paid on or before the last day of the succeeding months. If the last day of a particular month happens to be a holiday, the instalment shall be paid on the next working day.

(ii) If the petitioner commits default in making payment of any of the instalments, the entire balance amount due shall be payable at once and the executing court would proceed with the sale.

(iii) The execution proceedings shall be kept in abeyance for a period of six months to enable the petitioner to comply with the aforesaid conditions. However, if the petitioner fails to comply with any of the conditions, the execution shall be proceeded forthwith as mentioned above.