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2026 Supreme(Online)(Ker) 6192
IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
BIJU – Appellant
Versus
SINDHU – Respondent
OP(C) NO. 593 OF 2025
Important Points
Subject
Civil - Execution Proceedings
Headnote
For the Appellants/Petitioners: SRI.P.C.HARIDAS, SHRI.V. ARJUN
For the Respondents: SRI.LIJI.J.VADAKEDOM, SHRI.ATHUL V. VADAKKEDOM, SMT.REXY ELIZABETH THOMAS
| Table of Content |
|---|
| 1. petition filed by judgment debtor (Para 1) |
| 2. petitioner permitted to pay in instalments (Para 2) |
JUDGMENT
This original petition has been filed by the judgment debtor in Ext.P2 execution petition. By Ext.P4 order the court has fixed the upset price of the properties of the petitioner proposed to be sold in execution of the decree. The total amount due under the decree comes to Rs.14,91,750/- with interest. Pending the original petition, the petitioner was directed to deposit a sum of Rs.1,50,000/- and the same has been deposited.
2. When the case is taken up today, the counsel for the petitioner submitted that the petitioner may be permitted to pay off the decree debt in instalments. Even though such a course of action is opposed by the respondent, I am inclined to grant the relief, having considered the circumstances under which the prayer is made.
In the result, this original petition is disposed of, directing the petitioner to pay the balance amount payable under the decree in ten equal monthly instalments the 1st instalment becoming due on or before 18.02.2026 and the remaining instalments becoming due on or before the 18th of the succeeding months. If the petitioner commits default in making two consecutive instalments, the respondent may take further steps in the execution. The execution proceedings shall be kept in abeyance to facilitate the payment in instalments.
Sd/-
