IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 35880 of 2009(O) ------------------------------------ EA. 397/2009 IN EP. NO.133/2009 IN OS.120/2008 of SUB COURT, QUILANDY DTD. 4.12.2009. .................... PETITIONER(S): ----------------------- 1. THOUFEEK MANZIL KUNHAYISHA UMMA, W/O.AHAMMAD, CHEMENCHERY AMSOM, DESOM, KOYILANDY TALUK. 2. THOUFEEK MANZIL LATHEEF, S/O.AHAMMAD, CHEMENCHERY AMSOM, DESOM, KOYILANDY TALUK. BY ADV. MR.M.MUHAMMED SHAFI RESPONDENT(S): ------------------------- THE CATHOLIC SYRIAN BANK LTD., MAVOOR ROAD BRANCH, KASABA AMSOM, KALLIKUNNU DESOM, KOZHIKODE. BY ADV. MR.C.A.JOY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.35880 OF 2009 -------------------------------- Dated this the 14th day of December 2009 ---------------------------------------------------------- JUDGMENT Petitioners are the defendants in O.S No. 120 of 2009 on the file of Sub Court, Koyilandy. Suit is for recovery of possession based on title. Previously the plaintiff bank had obtained a decree for recovery of money by sale of the mortgage property against the present petitioners and another defendant. Petitioners as guarantors had mortgaged their property as security for the loan availed by the other defendant from the respondent bank. The loan amount being defaulted, suit was laid and a decree was passed for recovery of the money by sale of the mortgage property. In execution, pursuant to sale in auction, the bank purchased that mortgage property. No steps were taken for delivery of the property within one year from the confirmation of the sale. Later, the bank filed the present suit for recovery of possession of the above property W.P.(C).No.35880 OF 2009 Page numbers previously covered by the mortgage from the petitioners on the basis of title. Suit was decreed. When execution proceedings were taken for delivery of the property, it was resisted by the petitioners. Petitioners/judgment debtors applied for stay of the execution proceedings which was turned down by the execution court. Ext.P4 is the copy of that order. Propriety and correctness of that order is challenged in the writ petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 2. I heard the counsel on both sides. The learned counsel for the petitioners sought for a breathing time to settle the liability with the bank, and till then, to stay the execution proceedings from the decree passed in O.S No.120 of 2008. Petitioners are prepared to pay a sum of Rs.3,00,000/- towards the decree debt due to the bank within two weeks from the date of the judgment disposing this writ petition is the submission of the learned counsel to W.P.(C).No.35880 OF 2009 Page numbers substantiate the bonafides of the petitioners seeking for a settlement. It is further submitted that the petitioners will move representation to the higher authorities of the bank for an amicable settlement reducing the rate of interest fixed under the decree awarded under the earlier decree. The learned counsel for the respondents has no objection in extending a breathing time to the petitioners/judgment debtors to have an amicable settlement with the bank. It is further submitted that if any representation is filed by the petitioners, it will be considered and disposed of on its merits as expeditiously as possible. Having regard to the submissions made, I direct the court below to keep in abeyance the execution proceedings for a period of three months from the date of this judgment subject to payment of Rs.3,00,000/- towards the liability outstanding to the bank within two weeks from the date of this judgment. In case the deposit is not made within the time stipulated, the court below shall straightaway proceed with the execution of the decree. If any such deposit as undertaken is made and a W.P.(C).No.35880 OF 2009 Page numbers representation filed before the respondent/bank by the petitioners within four weeks from the date of this judgment, the bank shall consider and dispose that representation within a further period of six weeks and inform the petitioner as to the amount to be paid to clear of the liabilities. Subject to the above observations, the writ petition is closed. Hand over a copy of the judgment to the counsel on both sides and send a copy to the court concerned forthwith. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv W.P.(C).No.35880 OF 2009 Page numbers