IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 20361 of 2008(Y) ---------------------------------------- PETITIONER: ---------------------- P.M.SHAJI, AGED 50 YEARS, S/O.P.E.MADHAVAN, PUTHENPURACKAL HOUSE, KOOTHATTUKULAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT: ------------------------ THE DHANALAKSHMI BANK LTD., KOTTAYAM BRANCH REPRESENTED BY ITS MANAGER, KOTTAYAM. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20361/2008 Y APPENDIX PETITIONER'S EXHIBIT: EXT.P1: COPY OF THE NOTICE UNDER ORDER 21 RULE 64 OF CPC. DTD. 18/06/08. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P(C). NO.20361 OF 2008 ------------------------------------------ Dated this the 11th day of July, 2008 JUDGMENT Learned counsel appearing for petitioner submitted that petitioner will pay the entire amount due to the respondent Bank on or before 16.8.2008 and till then the sale may be adjourned. Learned counsel appearing for respondent submitted that if petitioner is prepared to waive a fresh proclamation before the executing court, sale may be adjourned to enable petitioner to discharge the amount due. 2. This writ petition is disposed directing Sub Court, Muvattupuzha to adjourn the sale to 18.8.2008 if the petitioner files an affidavit on 14.7.2008 before the executing court waiving fresh proclamation as provided under sub rule 3 of Rule 69 of Order XXI of Code of Civil Procedure and undertaking to pay the entire amount due to the decree holder. It is made clear that the parties are entitled to settle the dispute. M. SASIDHARAN NAMBIAR, JUDGE Okb/-