IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 3024 of 2009(K) E.P.NO.192/20076 IN ARC.2798/2005-06 of MUNSIFF COURT, TIRUR PETITIONER: JUDGMENT DEBTOR: ------------------------------- KODAKKALLIL AYISHA BEEVI, W/O.ABDULLA, MANGALAM AMSOM, PUNNAMANA DESOM, TIRUR TALUK, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SMT.K.VIDYA RESPONDENT: DECREE HOLDER: ----------------------------- SECRETARY, MANGALAM SERVICE CO-OPERATIVE BANK LTD., NO.9701, MANGALAM P.O., TIRUR TALUK, MALAPPURAM. BY ADV. SRI.P.G.SURESH SRI.P.K.KHALEEMUDHEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE AWARD DATED 21.10.2005 PASSED BY THE ARBITRATOR UNDER SECTION 70 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 21 OF 1969, IN CLAIM NO. ARC NO.2798/05-06. EXT.P2 TRUE PHOTOCOPY OF THE MEMORANDUM OF EXECUTION PETITION FILED BY THE RESPONDENT BEFORE THE MUNSIFF COURT AS EP.NO.192 OF 2007. EXT.P3 TRUE PHOTOCOPY OF THE AUCTION SALE PUBLICATION ISSUED UNDER ORDER XXI RULE 66 OF THE CODE OF CIVIL PROCEDURE, 1908. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 3024 OF 2009 I ------------------------------------------------------ Dated this the 27th February, 2009 JUDGMENT The judgment debtor in E.P.No.192 of 2007 in ARC No.2798/05- 06, on the file of the Court of the Munsiff of Tirur, has filed this Writ Petition challenging the sale proclamation. In execution of the decree for money, the immovable property belonging to the petitioner is sought to be sold as per Ext.P3 sale proclamation. 2. Learned counsel appearing for the petitioner as well as the respondent submitted that the parties have settled the matter and instructions were given to the counsel to submit that if a total sum of Rs.15,000/- is paid by the petitioner to the respondent within a period of three months in equal monthly instalments, full satisfaction can be recorded. Accordingly, the Writ Petition is disposed of as follows: a) The execution proceedings shall be kept in abeyance for a period of three months, to facilitate the petitioner to pay a sum of Rs.15,000/- in three equal monthly instalments, in full and final satisfaction of the claim in the Execution Petition, as agreed upon between the parties. W.P.(C) NO.3024 OF 2009 I :: 2 :: b) The first instalment shall be paid on or before 31.3.2009 and the balance instalments shall be paid on or before 30th of the succeeding months. c) If a sum of Rs.15,000/- is paid as above, satisfaction of the decree shall be recorded and the Execution Petition shall be closed. d) If default is committed in payment of any of the instalments, the respondent/decree holder would be entitled to proceed with the execution proceedings for realisation of the entire decree amount. (K.T.SANKARAN) Judge ahz/