IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 3032 of 2008(J) ------------------------------------- OS.60/1999 OF SUB COURT, MANJERI. .................... PETITIONER: ------------------- E.K. ABDUL MAJEED, S/O. ALIKOYA, AGED 50 YEARS, ERANJIKKAL HOUSE, PADIKKUNNU, CHANDAKKUNNU, NILAMBUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN. RESPONDENT: ---------------------- THE MANAGER, FEDERAL BANK, NILAMBUR BRANCH, MALAPPURAM DISTRICT. BY ADV. SRI.MOHAN JACOB GEORGE.,S.C.,FED.BANK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.3032 OF 2008 ===================== Dated this the 28th day of January 2008 JUDGMENT This writ petition is preferred to set aside the order of sale and to reconvey the property to the petitioner. The petitioner is the judgment debtor in the suit and in pursuance of the execution of the decree, the property was sold in auction and it was bid by the decree holder and the sale has been confirmed, sale certificate issued and the property is posted for delivery. Now the petitioner has come forward with a prayer that it is his residential building and if it is sold, it will cause him difficulty and therefore prays for indulgence. 2. Heard the counsel for the bank as well. The bank will be satisfied if the entire decree amount with the expenses incurred for the issuance of sale certificate is paid to them as well as the cost incurred. I feel there cannot be a better approach by the decree holder than this. I feel that if the amount is paid, the difficulty of the judgment debtor also can be solved. Therefore the writ petition is disposed of as follows:(1) The petitioner is directed to pay the entire decree amount with interest and cost plus the WP(C) 3032/2008 -:2:- expenses incurred for the sale including the stamp paper purchased for the issuance of sale certificate within two months from today.(2) If such amount is deposited or paid to the bank, then the bank shall at the expenses of the judgment debtor reconvey the property to the judgment debtor.(3) The judgment debtor shall pay the amount within two months from today.(4)In order to allow the petitioner to settle the matter, I direct the court below to defer the delivery by a period of two months. (5) If the amount is not paid as ordered above, then the court immediately on expiry of the period of two months direct delivery of the property and the judgment debtor shall not obstruct such delivery. With the above directions, the writ petition is disposed of. M.N.KRISHNAN, JUDGE Cdp/-