IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 9789 of 2008(M) ------------------------- AGAINST THE ORDER IN EP. 31 /2002 IN OS.8/2001 of SUB COURT, OTTAPPALAM .................... PETITIONER: -------------------- P.MOHAMMED, AGED 52 YEARS, S/O.AHAMMEDKUTTY, PURAKOTTIL HOUSE, NATTUKAL P.O., THACHANATTUKARA, MANNARKKAD, PALAKKAD. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: -------------------------- 1. CATHOLIC SYRIAN BANK LTD., REP. BY ITS MANAGER, OLAVAKKODE BRANCH, PALAKKAD. 2. C.A.UNNIKRISHNAN, S/O.APPU GUPATHAN, CHAMPAMPADATH HOUSE, VAKADAPURAM P.O., KARIMPUZHA, PALAKKAD. R1 BY SRI. B.S.KRISHNAN, SC, CSB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 9789 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of March, 2008. J U D G M E N T This writ petition is preferred with a prayer to direct the learned Subordinate Judge, Ottappalam not to proceed against the petitioner's property till 30th April, 2008 and for a further direction to the first respondent to receive entire amount due before the end of April, 2008. 2. At the first blush the prayer appears to be very innocent but at the same time it has to be stated that he has come forward with such a prayer in non-compliance of the order of this Court. When an earlier writ petition was filed as WPC 3012/07, by an order dated 10th August, 2007 this Court granted time to pay the amount within a period of six months. Now the amount is not paid except Rs.1,00,000/- which was a condition precedent to defer the delivery. Really the writ petitioner does not deserve much sympathy but at the same time I am informed that he will be out of his W.P.C 9789 OF 2008 -:2:- residential premises with the family which the Court may have to consider. Therefore the writ petition is disposed of with a direction to pay an amount of Rs.50,000/- on or before 10.4.2008 and to pay the entire balance amount on or before 21.5.2008. If amounts are not paid as stipulated the Court can effect delivery of the property on 31.5.2008. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-