The Court allowed an extension of time for the petitioner to deposit the remaining balance under an execution order. The sale by the court below was stayed pending compliance with the extended timeline.
Petitioner granted two weeks to deposit balance amount; sale by execution court stayed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN
FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930
WP(C).No.27486 of 2008 (V)
---------------------------------AGAINST THE ORDER IN EP.256/2007 IN ARC.2248/2005 of SUB COURT, MANJERI ....................
PETITIONER:
---------------
PUTHIYEDATH PRABHAVATHI AMMA AGED 55 YEARS, W/O. VIJAYA GOPALAN, "SREERAGAM" AMBALAPPDI, MAKKARAPARAMBA PO, PERITHALAMANNA.
BY ADV. SRI.P.SAMSUDIN
RESPONDENT:
---------------
THE SECRETARY, PERINTALMANNA SERVICE CO-OPERATIVE BANK LTD PERINTALMANNA, MALAPPURAM DIST.
ADV. SRI.V.RAJENDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27486 of 2008 (V)
APPENDIX
PETITIONER'S EXTS:-
EXT.P1:- TRUE COPY OF THE DECLARATION OF THE SUB COURT MANJERI DT.16/07/08 IN E.P.256/07 IN ARC 2248/05.
EXT.P2:- TRUE COPY OF THE PROCEEDINGS IN E.P.256/07 DT.17/07/08.
//TRUE COPY//
K.P.BALACHANDRAN, J.
W. P. C No.27486 of 2008
Dated this the 19th day of December, 2008
JUDGMENT
It is submitted by counsel on both sides
that an amount of Rs.3 lakhs ordered to be
deposited as per order dt.16/09/08 is deposited by the petitioner/judgment debtor though not within the time specified. Counsel for the judgment debtor submits that the entire balance amount as per the decree as on 28/02/09 can be paid and full satisfaction of the decree reported in the court below on or before 02/03/09. The offer is acceptable to the respondent/decree holder as well.
to pay the balance debt as offered on or before 28/02/09 and to report the matter before the execution court on or before 02/03/09. The sale conducted by the court below shall stand stayed and shall not be
W. P. C. No.27486 of 2008 -2-
confirmed before the said date.
the above directions.
K.P.BALACHANDRAN, JUDGE
kns/-
-3-
W. P. C. No.27486 of 2008
K.P.BALACHANDRAN, J.
-----------------------------------------------W. P. C. No.27486 of 2008
Dated this the 21st day of November, 2008
ORDER
Counsel for the petitioner submits that draft
for Rs.1 lakh has been taken from District Cooperative Bank, Malappuram on 22/10/08, but that the decree holder/bank is not receiving that amount as the said amount is only one third of the amount ordered to be deposited within 45 days as per the order of this Court dt.16/09/08. Counsel for the petitioner prays for extension of time to enable the petitioner to raise the balance amount of Rs.2 lakhs and to make payment in compliance with order dt.16/09/08. Counsel for the respondent/decree holder submits that the bank has no objection in granting extension of time by two weeks to pay the said balance amount of Rs.2 lakhs provided draft for Rs.1 lakh is delivered to the bank positively tomorrow. Counsel for the petitioner submits that draft will be delivered
-4-
W. P. C. No.27486 of 2008
over to the decree holder/bank and receipt will be obtained positively tomorrow. As agreed to by the counsel for the respondent/decree holder two weeks' time is granted to the petitioner to deposit the balance amount of Rs.2 lakhs. Post after two weeks.
K.P.BALACHANDRAN, JUDGE
kns/-
1 issue framed by the court
Whether fresh time can be granted to the judgment debtor to deposit the balance execution amount when the decree holder does not object.
Puthiyedath Prabhavathi Amma
Secretary, Perinthalmanna Service Co-operative Bank Ltd
K.P. Balachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
