I do not find any infirmity in the order of the execution court directing the property of the petitioner to be sold. This is because the petitioner has evidently not availed the instalment facility granted by this Court in OP (C) No.422 of 2010. The liability under the decree in O.S.No.185/2006 is joint and several and the petitioner cannot be absolved of the same by depositing 1/6th share of the decree amount. Such an offer was made by the petitioner on the premise that he is only one among the six judgment debtors. 2. The petitioner heavily relies on Section 11 of the Kerala Fishermen Debt Relief Commission Act, 2008. The same is extracted hereunder:-
“11. Bar of suits, applications, criminal proceedings and other proceedings:- No suit for recovery of debt shall be instituted or application for execution of a decree in respect of a debt shall be made against a fisherman residing in a disaster affected area and no appeal, revision petition or application for review against any decree or order in any such suit or application shall be presented or made against such a fisherman in any Civil Court or Tribunal or other authority and such suits, applications, appeals and petitions instituted or made against such a fisherman before the date of declaration of a district or part thereof as a disaster affected area and pending on such date shall stand stayed, for such period as the Commission may recommend in that behalf.”
3. The petitioner has to move the Kerala State Fishermen Debt Relief Commission constituted under Section 3 of the Act. The recovery proceedings in execution of the decree can be stayed only if the Kerala State Fishermen Debt Relief Commission recommend so. The petitioner has no case that he has either moved the Commission or that the Commission has recommended for keeping in abeyance the execution proceedings.
4. I dismiss the Civil Revision Petition without prejudice to the right of the petitioner if any to move the Kerala State Fishermen Debt Relief Commission. The property of the petitioner shall not be sold pursuant to the impugned order for a period of two months in order to enable the petitioner to move the Commission, if so advised.
The Civil Revision Petition is dismissed.
nj.
Sd/- V.CHITAMBARESH, Judge.