A writ petition challenging execution proceedings was dismissed. The Court held the petitioner's failure to deposit the offered Rs. 30,000 demonstrated insincerity and an attempt to delay execution, rendering the petition devoid of merits.
The writ petition is dismissed; the stay on the sale proclamation is not extended.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN
TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930
WP(C).No. 34707 of 2008(F)
-------------------------------------------EP.376/2007 IN ARC.22/2007 of SUB COURT, THRISSUR
PETITIONER:
P.K.KUNJUMON, AGED 62 YEARS, S/O. KARIYAN, PANAMTHARAYIL HOUSE, P.O. AKALAD, PUNAYOOR, THRISSUR DIST.
BY ADV. SRI.RAJIT SRI.RANJIT BABU
RESPONDENTS:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.P. Balachandran, J.
W.P.(C)No.34707 of 2008 F
JUDGMENT
Counsel for the petitioner submits that
Rs.30,000/-, offered to be deposited positively within two weeks from 25.11.2008, is not deposited
by the petitioner/judgment debtor. It is on the
offer to make deposit of Rs.30,000/- that sale pursuant to Exhibit P1 sale proclamation was stayed. It was also made clear in the order dated 25.11.2008 that in the event of not depositing the amount within the time allowed, stay will not be extended and this writ petition will be disposed of.
evident that his attempt is to protract the execution of the decree and is not at all sincere
WPC 34707/08 2
in making payment even as offered by him when the decree debt, as seen from Exhibit P1 sale proclamation, is more that Rs.1.5 lakhs.
This writ petition is devoid of merits and hence, it is dismissed.
16th December, 2008 tkv
(K.P.Balachandran, Judge)
1 issue framed by the court
Whether the writ petition offered as a meritless attempt to protract execution without sincere intention to pay the decree debt.
P.K. Kunjumon
Assistant Registrar of Co-operative Societies/Arbitrator Cum Sale Officer, Chakkad, Thrissur
Chakkad Taluk Rural Housing Co-op. Society
K.P. Balachandran
As recorded by the court registry
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