IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 19882 of 2009(O) --------------------------------------- EP 53/2004 IN OS.355/1996 of PRL.MUNSIFF COURT, CHERTHALA .................... PETITIONER(S): ----------------------- T.P. SAIDUMUHAMMED, ANOOF VEEDU, NADUVATHUNAGAR MURI, AROOKUTTY VILLAGE. BY ADV. MR.L.GOPALAKRISHNAN POTTI, MR.A.DINESH RAO. RESPONDENT(S): ------------------------ K. RADHAKRISHNAN, KAROTTU VEETTIL, PATTANAKKADU MURI, PATTANAKKADU VILLAGE. BY ADV. MR.J.OM PRAKASH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 19882/2009-O APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 8TH DAY OF APRIL 2009 PASSED BY THE PRINCIPAL MUNSIFF, CHERTHALA IN E.P. NO.53/2004 IN O.S. NO.355/1996. EXT.P2: COPY OF THE JUDGMENT IN C.C. NO.26/1994 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE-I, CHERTHALA. EXT.P3: COPY OF THE PLAINT DATED 15/06/1996 NUMBERED AS O.S. NO.355/1996 FILED BY THE RESPONDENT BEFORE THE MUNSIFF'S COURT, CHERTHALA EXT.P4: COPY OF THE JUDGMENT DATED 26/02/1998 IN CRIMINAL APPEAL NO.80/1996 ON THE FILE OF THE SESSION'S JUDGE, ALAPPUZHA. EXT.P5: COPY OF THE JUDGEMENT DATED 28/03/1998 IN O.S. NO.355/1996 BEFORE THE MUNSIFF'S COURT, CHERTHALA. EXT.P6: COPY OF THE JUDGMENT DATED 08/08/2009 IN A.S. NO.72/1998 ON THE FILE OF SUB COURT, CHERTHALA. EXT.P7: COPY OF THE ORDER OF THIS HONOURABLE COURT IN CRL.R.P. NO.318/1998 AND DATED 31ST MAY 2006. EXT.P8: COPY OF THE RECEIPT FOR PAYMENT OF RS.36,000/- ISSUED IN FAVOUR OF THE PETITIONER. EXT.P9: COPY OF THE ORDER DISBURSING THE AMOUNT OF Rs.36,000/- ISSUED IN FAVOUR OF THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.19882 OF 2009 -------------------------------- Dated this the 19th day of January 2010 ---------------------------------------------------------- JUDGMENT Petitioner is the judgment debtor in E.P No. 53 of 2004 in O.S No. 355 of 1996 on the file of Principal Munsiff Court, Cherthala. Decree being executed is one passed in a suit for money based on a dishonoured cheque. Admittedly parallel proceedings were initiated under Section 138 of the Negotiable Instruments Act before the criminal court by the decree holder/plaintiff, and in that proceeding, pursuant to orders passed in revision, a sum of Rs.36,000/- had been paid by the judgment debtor in the year 2006. Initially the trial court dismissed the suit, but in appeal, the appellate court reversed the dismissal granting a decree to the plaintiff and that was confirmed in second appeal as well. In execution, negativing the plea of no means canvassed by the judgment debtor, the execution court has ordered warrant against him. Propriety and correctness of that order, copy of which is produced as Ext.P1, is challenged in the writ petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 2. At the time of hearing, counsel on both sides submit that a sum of Rs.22,264 is outstanding due under the decree excluding the cost and other incidental expenses in the execution. The petitioner/judgment debtor has agreed to tender a sum of W.P.(C).No. 19882 OF 2009 Page numbers Rs.24,000/- towards discharge of the entire decree debt. The learned counsel for the decree holder agrees to receive such sum as full and final settlement of the decree, provided it is paid within the time limit fixed by this court. It is agreed upon by the counsel for petitioner that such sum can be paid within a period of two weeks. Considering the submissions made and the consensus arrived at by the parties as indicated above, two weeks time is granted to the petitioner/judgment debtor to discharge the decree debt by payment to the counsel appearing for the respondent in this court. In case of any default in payment of the sum, the writ petition shall stand dismissed without any further order. 3. Post after two weeks. Hand over a copy of the judgment to the counsel on both sides. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv