AI Structured Summary
Not yet generated for this judgment
Judgment
C. Jayachandran, J
The petitioner herein is an auction purchaser in E.P No. 11/2018 in O.S No. 467/2013 and E.P No. 12/2018 in O.S. No. 468/2013, both of Sub Court-II, Ernakulam. His short grievance is that, he could not pay 75% of the auction amounts within the time stipulated by the Court below, though he deposited 25% of the same within 15 days, as envisaged by the statute. Applications preferred by the petitioner/auction purchaser in the respective E.P’s were dismissed by the Court below, stating that, there is no provision in the Code of Civil Procedure to extend the time stipulated.
Heard the learned counsel for the petitioner, who would submit that the petitioner is prepared to deposit the balance 75% of auction amounts before 1. P.M, tomorrow in both the E.P’s. The said submission is accepted and if the petitioner effects such payments, the re-sale in both the E.P’s, which is scheduled tomorrow, will be adjourned for appropriate orders by the learned Sub Judge. In case, such amounts are not deposited within the time stipulated above, the re-sale shall proceed as scheduled in accordance with law. The learned Sub Judge shall ensure that the fact that the case is not posted tomorrow will not stand in the way of depositing the amounts as directed above; and application if any, preferred by the petitioner herein seeking the matters to be posted tomorrow, to record the deposit as directed, will be entertained. These original petitions are disposed of as above.