IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 20667 of 2009(O) -------------------------- EPN.120/2005 IN A.R.C. NO. 911/1995 of MUNSIFF COURT, PALAKKAD .................... PETITIONER: --------------- P.NARAYANAN, S/O.PONNU, MUTHIRAMPALLAM VEEDU, ELAPULLY P.O., PALAKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.R.VENKETESH RESPONDENT: --------------- SECRETARY, ELAPULLY SERVICE CO-OP. BANK LTD. NO.F.1193, ELAPULLY P.O., PALAKKAD TALUK, PALAKKAD DISTRICT. ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- W.P.(C). No. 20667 of 2009 ---------------------------------------------------- Dated this the 5th day of February, 2010. JUDGMENT The writ petitioner is the judgment debtor in A.R.C. No. 911 of 1995 on the file of the Assistant Registrar of Co- Operative Societies, Palakkad. The award passed by the Assistant Registrar on 31.01.1996 was put in execution by the respondent decree holder. As per Ext.P4 judgment dated 18.08.2005 in W.P.(C) No. 21149 of 2005 and Ext.P5 order dated 21.12.2005 in R.P. No. 948 of 2005 in the said writ petition, this Court permitted the petitioner to pay of the entire outstanding dues by way of instalments. The petitioner, thus, liquidated the arrears by instalment payments. The execution petition which was taken up for delivery, was then closed by the executing court. The decree holder bank then moved this Court alleging that the E.P should not have been closed since they had defrayed the stamp duty of Rs.18,200/- for the sale certificate issued in their favour. This Court as per Ext.P4 judgment dated 24.06.2009 permitted the decree holder to raise his contention before the Executing Court. The Executing Court directed the W.P.(C) No. 20667/2009 : 2 : petitioner to pay a sum of Rs.18,200/- incurred by the decree holder for getting the sale certificate in their favour. But the court also ordered delivery of the property. It is at this juncture that the petitioner has approached this Court. This Court directed a stay of delivery. The learned counsel appearing for the respondent decree holder acknowledges receipt of the sum of Rs.18,200/- incurred by it towards the stamp duty for the sale certificate. If so, the petitioner judgment debtor has now fully discharged the entire outstanding due to the respondent bank. The sale certificate shall stand cancelled and the respondent shall claim refund of the amount from the District Collector treating the same as defaced after deducting the expenses, if any, incurred as per law. The respondent shall then either pay the amount to the petitioner or deposit the same before the court below entitling the petitioner to withdraw the same. This writ petition is disposed of as above. Dated this the 5th day of February, 2010. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 20667/2009 : 3 :