IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 14424 of 2009(O) -------------------------- OS.842/1996 of MUNSIFF COURT,CHAVAKKAD .................... PETITIONER(S): ------------------------ C.M. JAFFER SADIQUE, AGED 42 YEARS, S/O. LATE ABOOBACKER HAJI, CHAMMINIYIL HOUSE, KALLOOR.P.O, VADEKKEKAD, CHAVAKKAD TALUK. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): --------------------------- CATHOLIC SYRIAN BANK LTD., REP. BY BRANCH MANAGER, KUNNAMKULAM BRANCH, KUNNAMKULAM.P.O. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.14424 of 2009 = = = = = = = = = = = = = = Dated this the 26 th day of May, 2009 JUDGMENT Petitioner, who claims to be the Judgment Debtor in O.S.No.842/96 pending in execution as E.P.No.345 of 1998 before the Munsiff's Court, Chavakkad, claims to have settled the matter with the plaintiff-Bank namely the Kunnamkulam branch of Catholic Syrian Bank Ltd. The grievance of the petitioner is that eventhough the court namely Munsiff's Court, Chavakkad was informed about the settlement, the Court has posted the case for delivery. The petitioner admits that the sale certificate has already been issued to the decree holder, Bank. According to the petitioner, the Bank is willing to re-convey the property to the petitioner in case the petitioner deposits the balance amount due as per the settlement of account . The Bank is alleged to have settled the dispute for Rs.63,000/-. The petitioner claims to have deposited a total amount of Rs.50,000/- before the court below. The petitioner is given 10 days' time from today to deposit the balance amount due as per the alleged settlement. W.P.(c).No.14424 of 2009 2 The delivery will stand adjourned by 10 days. In case the petitioner deposits the balance amount allegedly due and the decree holder Bank also agrees to receive the same in full settlement of its dues and agrees for re-conveying the property to the petitioner, the Executing Court shall pass appropriate orders after 10 days. This writ petition is disposed of as above. Dated this the 26 th day of May, 2009. V. RAMKUMAR, JUDGE sj