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MRS. ANNIE DAVIS versus CATHOLIC SYRIAN BANK LTD.

High Court of Kerala

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MRS. ANNIE DAVIS v. CATHOLIC SYRIAN BANK LTD. - CRP No. 488 of 2006 [2007] RD-KL 978 (12 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 488 of 2006()

1. MRS. ANNIE DAVIS,
... Petitioner

2. K.L. DEVASSY, S/O. LONAPPAN,

3. GAGARI D.KADAVI,

Vs

1. CATHOLIC SYRIAN BANK LTD.,
... Respondent

For Petitioner :SRI.C.CHANDRASEKHARAN

For Respondent :SRI.PETER THARAKAN

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :12/01/2007

O R D E R

M.SASIDHARAN NAMBIAR, J.

........................................... C.R.P.No.488 OF 2006 ............................................

DATED THIS THE 12TH DAY OF JANUARY, 2007

ORDER

Petitioners are judgment debtors. Respondent is the decree holder. As per order dated 27.5.2006, executing court directed to sell the decree schedule property. It is being challenged in this petition filed under Article 227 of Constitution of India.

2. Learned counsel appearing for petitioners and respondent were heard. Learned counsel appearing for petitioners submitted that major portion of the decree debt has already been cleared and petitioners are prepared to pay the balance amount in three equal monthly instalments. Learned counsel appearing for the respondent submitted that they have no objection, provided the petitioners pay the amount without fail.

3. This petition is therefore disposed directing the executing court to adjourn the sale to enable judgment debtors to pay the balance decree debt in three months. Petitioners/judgment debtors are permitted to pay the balance decree debt in three equal monthly instalments, first instalment falling on CRP 488/2006 2 9.2.2007. If petitioners fail to pay the instalments as agreed, executing court to direct sale of the property.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-


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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