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Judgment
16 paragraphs · 298 wordsA.Badharudeen, J.
The judgment debtor in E.P.No.85 of 2013 in O.S.No.186 of 2012 has filed this original petition under Article 227 of the Constitution of India.
The prayers in the petition are as under;
(i) call for the records in EP 85/2013 in OS 186/2012 pending before the Sub Court, Payyannur and stay the execution process until a proper opportunity of preferring
objection against draft sale proclamation is ensured to the Petitioner/Judgment Debtor.
(ii) direct the court below to permit the petitioner to pay the entire arrears of decree debt in 20 equal monthly installments.
 (iii) keep all the further proceedings in the above EP in abeyance.
(iv) grant such other reliefs as this Hon'ble Court may deem fit and proper as on the facts and circumstances of the case.
It is submitted by the learned counsel for the petitioner that now the property is ordered to be sold on 11.02.2022. The learned counsel would submit
that the petitioner is ready to pay the decree debt in 20 equal monthly installments.
On perusal of case records, it appears that though suit was instituted in the year 2012 and E.P. has been pending for the last ten years, no amount
paid so far. The reluctance on the part of the judgment debtor/petitioner is obvious. Then the decree holder opted to sell the property to realise the
decree debt and proclamation for sale has been published. The decree debt as of now would come to Rs.12 lakh more. Therefore, the submission
made by the learned counsel for the petitioner for granting installments to deposit the said huge sum cannot be justified in the given facts of this case.
Therefore, this original petition lacks merit and the same deserves dismissal.
Accordingly, this original petition is dismissed.