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P.R.PRAKSHAN, S/O.P.RAMAN, AGED 47 YEARS versus THE KSHEMAVILASAM KURI COMPANY LTD.

High Court of Kerala

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P.R.PRAKSHAN, S/O.P.RAMAN, AGED 47 YEARS v. THE KSHEMAVILASAM KURI COMPANY LTD. - WP(C) No. 28655 of 2005(J) [2007] RD-KL 10384 (15 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 28655 of 2005(J)

1. P.R.PRAKSHAN, S/O.P.RAMAN, AGED 47 YEARS
... Petitioner

Vs

1. THE KSHEMAVILASAM KURI COMPANY LTD.,
... Respondent

For Petitioner :SRI.JIJO PAUL

For Respondent :SRI.JIMMY JOHN VELLANIKARAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :15/06/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C) No.28655 of 2005
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Dated: 15th June, 2007



JUDGMENT

In this Writ Petition the petitioner who is the judgment-debtor in a mortgage decree prays that the execution court be directed to serve him with copy of the order dated 13.7.2005 in E.A.No.1185/05. He also prays that all proceedings for confirming the sale and in pursuance to the sale be put off. It is seen that E.A.No.1185/05 was an application for adjournment of sale. That E.A. was allowed by the execution court on condition that the petitioner deposits a sum of Rs.50,000/- within 20 days. While admitting the Writ Petition this court granted an interim stay of the impugned order on condition that the petitioner deposits before the execution court a sum of Rs.50,000/- within 10 days from 7.10.2005. I am informed by the counsel on both sides that the above condition was complied with. On going through the grounds raised it is seen that the ground which is seriously raised is that the property has now been sold for an amount which is far below the market price of the property. It appears to me that the petitioner is only praying for time to pay off the decree debt. Mr.Jimmy John vellanikaran, counsel for the respondent submits that the respondent is a reputed institution and that they are not at all W.P.C.No.28655/05 - 2 - enthusiastic in retaining the petitioner's property and will be willing to reconvey the property provided all the amounts due to them are paid within a reasonable time. The petitioner sought for instalment facility since Rs.50,000/- is already paid off.

2. Considering the rival submissions made, I dispose of the Writ Petition issuing the following directions: The order of stay presently passed will continue for a period of seven more months from today. In the meanwhile it is open to the petitioner to pay off whatever amounts are due to the respondent- decree-holder on account of the decree and also on account of the subsequent purchase of the property in court auction. At any rate the order of stay will not continue beyond seven months.

srd PIUS C.KURIAKOSE, JUDGE


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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