IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 11321 of 2008(W) ----------------------------------------- PETITIONER: --------------------- RAMANI, AGED 50, W/O.SURENDRAN, KANDATHIL HOUSE, RESIDING AT SHINI NIWAS, VENGALOOR KARA, KUMARAPURAM VILLAGE, THODUPUZHA. BY ADV. SRI.R.RAJASEKHARAN PILLAI RESPONDENT: ----------------------- JOHN, AGED 56, S/O.ULAHANNAN, RESIDING AT KODIKULAM KARA, KODIKULAM VILLAGE. THODUPUZHA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 11321 OF 2008 --------------------- Dated this the 2nd day of April, 2008 JUDGMENT This writ petition is filed with a prayer to set aside Ext.P3. 2. Heard learned counsel for the petitioner. The matter was compromised between the parties whereby the document was set aside. There was also an undertaking to pay a sum of Rs.1,22,500/- to the defendant within 45 days from the date of compromise. The decree also provides that in case of default, the defendant is entitled to recover the amount with 12% interest from 11.4.07 till realisation. 3. I am convinced that the plaintiff is not paying back the amount. Now so many contentions such as blank cheque, blank stamp papers etc., had been given are raised and she wants to pursue the remedies. I am not inclined to entertain this plea because there is nothing stated in the decree about the same. I dispose of the writ petition with the following directions. The writ petitioner is directed to pay a sum of Rs.50,000/- on or before 11.4.08. In case of default, the court can post the sale on the first day after the court reopens. If she pays the balance amount, then the sale shall not be done. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps