IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 28^TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946 OP(C) NO. 2512 OF 2022 EP NO.672 OF 2020 OF MUNSIFF COURT, KODUNGALLUR PETITIONER/JUDGMENT DEBTORS:

1 SIYAD AGED 43 YEARS S/O ABDUL RAZAK PETTIKKATTIL HOUSE, AZHIKODE P.O KODUNGALLUR, THRISSUR DIST, PIN - 680666

2 SHAMEERA AGED 38 YEARS W/O SIYAD PETTIKKATTIL HOUSE, AZHIKODE P.O KODUNGALLUR, THRISSUR DIST, PIN - 680666 BY ADV P.K.MOHAMED JAMEEL RESPONDENT/DECREE HOLDERS:

1 VIDHYARTHI DAYANI SABHA REPRESENTED BY ITS PRESIDENT, DHARMA RAJAN, AGED 75 YEARS S/O POYATHARA KESAVAN, PALIYAMTHURUTHU, METHALA P.O, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN - 680664

2 BABU SECRETARY, AGED 63 YEARS S/O NYSSERY BAHULEYAN VIDHYARTHI DAYANI SABHA,PALIYAMTHURUTHU, METHALA P.O, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN - 680664

3 DINAMANI TREASURER, AGED 56 YEARS S/O OTTARATTU MAMIVIDHYARTHI DAYANI SABHA,PALIYAMTHURUTHU, METHALA P.O, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN - 680664 BY ADV V.M.KRISHNAKUMAR THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

The original petitioners are the judgment debtors and the respondents are the decree holders. The execution petition has been filed to execute a money decree. It is submitted that the decree amount with interest would come to Rs.2,95,000/-, out of which the petitioners have already remitted Rs.40,000/-, as per the direction of this Court.

2. The learned counsel for the petitioners submits that the petitioners are prepared to clear off the entire due if they are given 8 instalments.

3. Having heard the learned counsel for the petitioners as well as the learned counsel for the respondents, this original petition is disposed of as follows:-

The petitioners shall clear off the entire amount along with interest, in six equal monthly instalments commencing from 01.07.2024 onwards. The subsequent instalments shall be paid by the petitioners on 5^th day of every succeeding month. In case of default on the part of the petitioners in payment of any of the instalments, the aforesaid facility shall stand cancelled, upon which the respondents will be at liberty to proceed with the Execution Petition. Subject to the above direction, further proceedings regarding the sale of the property shall be kept in abeyance.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS APPENDIX OF OP(C) 2512/2022 petitioner exhibits EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT DATED

04.02.2020 IN O.S NO. 1232/2018 OF MUNSIFF COURT, KODUNGALLUR EXHIBIT P2 THE TRUE COPY OF THE DECREE DATED

04.02.2020 IN O.S NO. 1232/2018 OF MUNSIFF COURT, KODUNGALLUR EXHIBIT P3 THE TRUE COPY OF THE EXECUTION PETITION NUMBERED AS E.P NO. 672/2020 IN O.S NO.1232/2018 OF MUNSIFF COURT, KODUNGALLUR EXHIBIT P4 THE TRUE COPY OF THE COUNTER IN E.P NO.672/2020 IN O.S NO.1232/2018 OF MUNSIFF COURT, KODUNGALLUR EXHIBIT P5 THE TRUE COPY OF THE NOTICE OF SALE DATED 10.11.2022 IN E.P NO. 672/2020 IN O.S NO. 1232/2018 OF MUNSIFF COURT, KODUNGALLUR