IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 30410 of 2009(O) --------------------------------------- AGAINST THE ORDER DATED 02/12/2008 IN E.P.NO.423/2005 IN OS.610/2000 of MUNSIFF COURT,CHAVAKKAD .................... PETITIONER(S): ---------------------- P.M. BASHEER, S/O.MUHAMMED, PUTHIYAVEETTIL HOUSE, P.O.THALIKKULAM, CHAVAKKAD. BY ADV. MR.K.I.SAGEER IBRAHIM RESPONDENT(S): ----------------------- THE CATHOLIC SYRIAN BANK LTD., THALIKKULAM BRANCH, THALIKKULAM REP. BY ITS MANAGER. BY ADV MR.R.S. KALKURA, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.30410 OF 2009 -------------------------- Dated this the 27th day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Call for the entire records leading upto E.P No.423/2005 in O.S No.610/2000 of Munsiff Court, Chavakkad and to direct the learned Munsiff not to proceed with E.P in view of the amount already remitted by the petitioner as evidenced by Ext.P5. ii) Grant the petitioner three months time to remit the balance amount due to the respondent. Iii) Issue such other writs, order or directions as this Hon'ble Court deem fit and proper in the facts and circumstances of the case. 2. Petitioner is the judgment debtor in O.S No.610 of 2000 on the file of the Munsiff court, Chavakkad. Decree executed in the above W.P.(C).No.30410 OF 2009 Page numbers suit is one for money, and the respondent is the decree holder bank. Previously the petitioner had approached this court with a writ petition seeking indulgence and vide Ext.P3 judgment on the basis of the consciences arrived at the time of hearing, petitioner was permitted to discharge the decree debt in instalments within the time stipulated as provided under the judgment. Evidently, petitioner has not complied with the terms specified under Ext.P3 judgment. Grievance canvassed by the petitioner is that he has paid substantial amount towards the decree debt due and a statement from the decree holder bank as to what exactly is the amount outstanding is essential to clear up the balance amount due. Submissions made as above on behalf of the petitioner by the learned counsel, there was no default in making instalments of payments which was executed to him vide Ext.P3 judgment by this court. Still having regard to the submissions made and taking note of the facts and circumstances presented, I am inclined to grant the W.P.(C).No.30410 OF 2009 Page numbers petitioner an opportunity to discharge the entire decree debt outstanding subject to payment of the amount due to the decree holder bank within 15 days from the date of this judgment. The court below is directed to adjourn the delivery for a period of 15 days and in default of payment of the entire decree debt by the petitioner/judgment debtor, it shall take formal steps to deliver the property to the decree holder bank. Hand over a copy of the judgment to the counsel on both sides on usual terms and send a copy to the court concerned forthwith. S.S.SATHEESACHANDRAN, JUDGE vdv