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NEVIN FRANCIS, S/O.FRANCIS versus DOLLARS CHARCH KURIES & LOANS

High Court of Kerala

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NEVIN FRANCIS, S/O.FRANCIS v. DOLLARS CHARCH KURIES & LOANS - WP(C) No. 22476 of 2005(A) [2007] RD-KL 9045 (30 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22476 of 2005(A)

1. NEVIN FRANCIS, S/O.FRANCIS,
... Petitioner

2. THE FRANCIS, RESIDING DO.

Vs

1. DOLLARS CHARCH KURIES & LOANS,
... Respondent

2. THE STATE OF KERALA, REPRESENTED BY

For Petitioner :SRI.P.K.ANIL

For Respondent :SRI.S.V.BALAKRISHNA IYER

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :30/05/2007

O R D E R

PIUS C. KURIAKOSE, J.

.......................................................... W.P.(C) No.22476 OF 2005 ...........................................................

DATED THIS THE 30TH MAY, 2007



J U D G M E N T

Ext.P3 order by which the execution court granted adjournment of sale on condition that the petitioners-judgment-debtors pay a sum of Rs.75,000/- towards the decree-debt is impugned in this Writ Petition under Article 227 of the Constitution of India. This Court became inclined to continue the interim stay which was initially granted by imposing a still more onerous condition that the petitioners shall pay Rs.1,00,000/- within 40 days. It is not clear whether the above condition has been complied with by the petitioners. But Mr.P.B.Krishnan, learned counsel for the 1st respondent submits that the 1st respondent is interested only in recovering the decree-debt and is not at all keen in having the petitioners' property sold in auction. He has no serious objection in reasonable instalment facility being allowed to the petitioners for wiping off the decree-debt. The decree-debt as on date should be above Rs.Five Lakhs.

2. Under these circumstances, the Writ Petition itself is disposed of confirming Ext.P3 order, but however directing that the order of stay will continue on condition that the petitioners pay every month, commencing from 15.6.2007, at the rate of Rs.50,000/- till WP(C)N0.22476/05 such time as the entire decree-debt is wiped off. If the petitioners default remittance of any instalment, the impugned order will become operative and the property of the petitioners will be sold in auction.

(PIUS C. KURIAKOSE, JUDGE)

tgl WP(C)N0.22476/05


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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