IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 35531 of 2008(E) -------------------------- OS.135/2002 of SUB ORDINATE JUDGE'S COURT,NEYYATTINKARA .................... PETITIONER(S): --------------- 1. SASIDHARAN NAIR, ASWATHY BHAVAN, KALLIKAD.P.O, KATTAKKADA. 2. B.PADMAKUMARI, ASWATHY BHAVAN, KALLIKAD.P.O, KATTAKKADA. BY ADV. SRI.R.GOPAN RESPONDENT(S): --------------- THE BRANCH MANAGER, THE FEDERAL BANK LTD KALLIKAD BRANCH, KATTAKADA. ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 35531/08 APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S.NO.135/2002 OF SUB COURT, NEYYATTINKARA. EXT.P2: COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONERS IN O.S..NO.135/2002 BEFORE THE SUB COURT, NEYYATTINKARA DATED 4.1.2003. EXT.P3: COPY OF THE DECREE DATED 31.3.2004 IN O.S.NO.135/2002 OF SUB COURT, NEYYATTINKARA. EXT.P4: COPY OF E.P.NO.61/2005 IN O.S.NO.135/2002 OF SUB COURT, NEYYATTINKARA DATED 28.6.2005. EXT.P5: COPY OF NOTICE ISSUED BY THE SUB COURT, NEYYATTINKARA DATED 12.1.2006 IN O.S.NO.135/2002. EXT.P6: COPY OF SALE CERTIFICATE DATED 26.10.2006 ISSUED BY SUB COURT, NEYYATTINKARA. EXT.P7: COPY OF E.A.NO.75/2007 IN E.P.NO.61/2005 IN O.S.NO.135/2002 DATED 1.2.2007. EXT.P8: COPY OF THE STATEMENT OF ACCOUNTS PRODUCED BEFORE COURT BY THE RESPONDENT/DECREE HOLDER. EXT.P9: COPY OF THE S.B.ACCOUNT OF THE FIRST RESPONDENT IN THE RESPONDENT'S BANK. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.35531 of 2008 --------------------------------------------- Dated this the 18th day of February, 2009 JUDGMENT The judgment debtors in O.S.No.135/02, on the file of the court of the Subordinate Judge, Neyyattinkara, have filed this Writ Petition seeking to quash Ext.P6 sale certificate issued to the respondent/decree holder. 2. The decree for money in favour of the respondent was executed and the residential property belonging to the petitioners was sold in court auction. The decree holder purchased the property in auction. The sale was confirmed. Sale certificate was issued in favour of the respondent. 3. When the Writ Petition came up for admission, an interim order dated 2nd December 2008 was passed. The interim order reads as follows: “Heard the counsel for the petitioners. 2. It is submitted that the Bank has bid the scheduled property which takes in the residential building of the petitioners as well, for the balance decree debt of Rs.7,50,000/-; that the sale is confirmed and sale certificate also is issued; and that on the application of the decree holder, the case now WPC No.35531/2008 2 stands posted for delivery to 11.12.2008. Counsel submits that the decree holder being a Bank, will not be interested in obtaining the property and that the petitioners are now prepared to pay the entire sale amount which is the balance decree debt with interest thereon, sale commission, cost of stamp papers incurred for issuance of sale sannath etc. to the decree holder/Bank and is prepared to get a sale deed executed from them if they are so agreeable and that therefore, notice be issued to the respondent/bank in that behalf. Hence, issue notice to the respondent/Bank forthwith by speed post with acknowledgment due and post on 17.12.2008.” 4. The learned counsel appearing for the respondent, on instructions, submitted that if the amount due to the respondent is paid by the petitioners, the respondent is not interested in keeping the property. On payment of the amount due and the expenses and costs, the respondent is willing to execute necessary documents assigning the property in favour of the petitioners. 5. Learned counsel for the petitioners submitted that Ext.P9 details of SB account in the name of the first petitioner in the respondent Bank would reveal that he has deposited a sum of Rs.7,73,479/-. The petitioner agrees that this amount of Rs.7,73,479/- can be adjusted by the respondent towards the amount due to the respondent. The balance amount payable in WPC No.35531/2008 3 terms of the interim order dated 2nd December 2008 shall be paid by the petitioners to the respondent on or before 31st March 2009. It is agreed that the interest payable by the petitioners shall be at the rate of 6% per annum from the date of sale to the date of payment. On such payment, the respondent shall execute and register necessary assignment deed in favour of the petitioners at the expense of the petitioners within a month thereafter. It is made clear that if the petitioners fail to pay the amount as aforesaid on or before 31st March 2009, the respondent is not bound to execute the assignment deed in favour of the petitioners and the challenge against the sale shall stand rejected. The Writ Petition is disposed of as above. K.T.SANKARAN, JUDGE csl