IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 1ST DAY OF AUGUST 2018 / 10TH SRAVANA, 1940 OP(C).No. 2188 of 2013(O) -------------------------

AGAINST THE ORDER/JUDGMENT IN EA.205/2013 IN E.P.96/2010 IN AOP 393/2009 of D.C.

& SESSIONS COURT,KOZHIKODE PETITIONER(S)/PETITIONER/AUCTION PURCHASER:

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RAJESH JOHN, S/O.JOHN, THADATHIL HOUSE, MALAPPARAMBA, CHEVAYOOR AMSOM DESOM, KOZHIKODE DISTRICT.

BY ADVS.SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENT(S)/RESPONDENTS/DECREE HOLDER & JUDGMENT DEBTORS:

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1. M/S. MUTHOOT VEHICLE AND ASSET FINANCE LIMITED REGISTERED OFFICE AT MUTHOOT CHAMBERS, KURIAN TOWERS, BENERJI ROAD, KOCHI-682018, REPRESENTED BY POWER OF ATTORNEY HOLDER BABITHA K.C., D/O.K.C.BALAKRISHNAN.

2. RIYAS NANMANAKANDI P.O., PERAMBRA, PERAMBRA PANCHAYATH, KOZHIKODE-673525 [DELETED}*

3. SAINABA W/O.KUNHAMMAD PARAKANDI HOUSE, PERAMBRA P.O., KOZHIKODE-673525.

4. AMMED S/O.MAMMALI, VADAKKEKADU, PUTHIYAKAVU, CHERUVATH HOUSE, MEPPAYYUR P.O., KOZHIKODE-673524.

*R2 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER THE ORDER DATED 22/03/2017 IN I.A.NO.399/2017.

R1 BY ADV. SRI.SABU S.KALLARAMOOLA THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 18-07-2018, THE COURT ON 01-08-2018 DELIVERED THE FOLLOWING:

OP(C).No. 2188 of 2013 (O) --------------------------

APPENDIX PETITIONER(S)' EXHIBITS: ------------------------

EXHIBIT P1 : TRUE COPY OF THE RECEIPT SHOWING THE DEPOSIT OF 25% OF THE AUCTION AMOUNT.

EXHIBIT P2 : TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF THE PETITION EA 205/2013 IN EP 96 OF 2010 IN A.O.P. NO.393 OF 2009 DT.30-3-2013.

EXHIBIT P3 : TRUE COPY OF THE ORDER IN EA 205 OF 2013 IN EP 96 OF 2010 IN AOP

393 OF 2009 DT.5-4-2013 RESPONDENT(S)' EXHIBITS:

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NIL /TRUE COPY/ PA TO JUDGE dkr ASHOK MENON, J.

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O.P.(C) No. 2188 of 2013 -------------------------------------------

Dated this the 1^st day of August, 2018 J U D G M E N T The petitioner, an auction purchaser in E.P.No.96/2010 in A.O.P.No.393/2009 on the file of the District Court, Kozhikode, a proceedings between the 1^st respondent and other respondents, is aggrieved by the impugned order at Ext.P3 of the District Judge dated 05.04.2013, wherein, the request under Section 148, C.P.C. for extension of time stipulated for depositing 75 % of the balance sale price under under Rule 85 of Order XXI C.P.C was rejected by the learned District Judge on the ground that the time to deposit balance sale consideration is fixed as 15 days under Rule 85, Order XXI C.P.C. and that under Section 148, read with Section 151, the Court cannot grant extension of time as the time is fixed by the Statute, and that extension of time under Section 148, C.P.C. can be granted only when the time is fixed by the Court. Aggrieved by this order, the petitioner approaches this Court for reliefs.

2. Heard the learned Counsel for the petitioner and the 1^st respondent. The 1^st respondent is the decree holder and he has no serious objections regarding the extension of time. The other respondents, though served with notice, did not appear.

3. The learned Counsel for the petitioner relies on the decision reported in Kombi v. National Highway Authority, 2012 KHC 947, to support his argument that under Section 148, C.P.C. the Court has ample power to grant extension of time even beyond the period of 30 days stipulated under Section 148, C.P.C.

4. In the decision cited above, the petitioner therein had filed a petition under Section 34 of the Arbitration Act and certain defects were noticed by the Registry and 15 days time was granted to re-present the petition after curing the defects. There was delay of 60 days in representing the petition, and the Court held that under Section 148, it is not possible for the Court to enlarge the time beyond the period of 30 days and hence rejected the petition. This Cour