IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 W.A.No. 2101 of 2008 ------------------------------- AGAINST THE JUDGEMENT IN WPC.20150/2008 DATED 24/09/2008 .................... APPELLANT/PETITIONER: ------------------------------------- SRI.JOMON JOHN, RESIDING AT JEES HOUSE, PUTHOOPARAMBIL, SEA VIEW WARD ALAPPUZHA-688 012. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. VIJAYA BANK, REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE, CHANDRA SQURE, CULLEN ROAD, ALAPPUZHA. 2. THE REGIONAL MANAGER, VIJAYA BANK, REGIONAL OFFICE, 1ST FLOOR, JOSE ANNEX, JOSE JUNCTION, M.G.ROAD, ERNAKULAM. BY STANDING COUNSEL SRI.K.ANAND THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No.2101 of 2008 ------------------------------------------ Dated, this the 24th day of October, 2008 JUDGMENT H.L.Dattu, C.J. Being aggrieved by the orders passed by the learned Single Judge in W.P.(C) No.20150 of 2008 dated 24th September, 2008, the petitioner in the writ petition has presented this writ appeal. (2) Since an affidavit of undertaking is filed by the appellant, we need not have to go into the merits or demerits of the appellant's case before us. In the affidavit of undertaking it is stated that the appellant will deposit a sum of Rupees seven lakhs within a month's time from today and the balance of amount payable to the first respondent Bank will be paid within three months thereafter. (3) It is also stated by the appellant that if for any reason the appellant commits any default in making the payment as undertaken before this Court, the appellant shall voluntarily hand over possession of the property to the first respondent Bank. (4) The affidavit of undertaking filed by the appellant is not seriously opposed by the learned counsel appearing for the respondent Bank. However, he would submit that if the appellant commits any default, the Bank should be permitted to take possession of the property W.A.No.2101 of 2008 2 with the help of the police authorities. (5) The affidavit of undertaking filed by the appellant is placed on record. (6) In view of the above, the writ appeal is disposed of as under: ORDER i) The appellant shall deposit a sum of Rs.7,00,000/- (Rupees seven lakhs only) as undertaken by him in the affidavit filed before this Court within a month's time from today. ii) If such deposit is made within the time granted by this Court, the first respondent Bank is directed to hand over possession of the residential house situated in Sy.No.782/2-2 of Alappuzha West Village to the appellant. iii) The appellant shall pay the balance of amount due to the first respondent Bank within the outer limits of four months from today. If such payment is not made within the time granted by this Court, the appellant shall voluntarily hand over vacant possession of the residential house situated in Sy.No.782/2-2 of Alappuzha West Village to the first respondent Bank. iv) If for any reason, the appellant fails to hand over vacant possession of the residential house, the first respondent Bank is at liberty W.A.No.2101 of 2008 3 to take possession of the property with the assistance of the police authorities. v) The first respondent Bank shall not effect sale of the property for a further period of four months from today. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns