NAMBEERAN VEETTIL POCKER Vs. K RAJEEVAN

JUDGEMENT

(1.) JUDGMENT debtor in E.P. No.26 of 2009 in O.S. No.198 of 1996 of the court of learned Munsiff, Vadakara is the petitioner. Petitioner suffered a decree for payment of money and he has been making certain payments in execution. On 23.07.2010 executing court observed that substantial amount is still due and hence ordered attachment of immovable properties of petitioner and posted the case on 10.08.2010. Grievance of petitioner is that in Ext.P2, counter statement (to the execution petition) he has made a request for permitting him to pay the amount in installments but that has not been considered.

(2.) ON the facts of the case it is not necessary for this Court to interfere in the matter. But considering the fact that petitioner has already paid some amount and he has offered to pay the balance amount due though in installments I direct that executing court shall consider his request for permission made in Ext.P2 and pass appropriate orders after hearing counsel for decree holder also before the property is proclaimed for sale. Original Petition is disposed of with the above direction.