IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No.27486 of 2008 (V) ---------------------------------- AGAINST THE ORDER IN EP.256/2007 IN ARC.2248/2005 of SUB COURT, MANJERI .................... PETITIONER: --------------- PUTHIYEDATH PRABHAVATHI AMMA AGED 55 YEARS, W/O. VIJAYA GOPALAN, "SREERAGAM" AMBALAPPDI, MAKKARAPARAMBA PO, PERITHALAMANNA. BY ADV. SRI.P.SAMSUDIN RESPONDENT: --------------- THE SECRETARY, PERINTALMANNA SERVICE CO-OPERATIVE BANK LTD PERINTALMANNA, MALAPPURAM DIST. ADV. SRI.V.RAJENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.27486 of 2008 (V) APPENDIX PETITIONER'S EXTS:- EXT.P1:- TRUE COPY OF THE DECLARATION OF THE SUB COURT MANJERI DT.16/07/08 IN E.P.256/07 IN ARC 2248/05. EXT.P2:- TRUE COPY OF THE PROCEEDINGS IN E.P.256/07 DT.17/07/08. //TRUE COPY// K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C No.27486 of 2008 ------------------------------------------------ Dated this the 19th day of December, 2008 JUDGMENT It is submitted by counsel on both sides that an amount of Rs.3 lakhs ordered to be deposited as per order dt.16/09/08 is deposited by the petitioner/judgment debtor though not within the time specified. Counsel for the judgment debtor submits that the entire balance amount as per the decree as on 28/02/09 can be paid and full satisfaction of the decree reported in the court below on or before 02/03/09. The offer is acceptable to the respondent/decree holder as well. 2. In the result, I permit the petitioner to pay the balance debt as offered on or before 28/02/09 and to report the matter before the execution court on or before 02/03/09. The sale conducted by the court below shall stand stayed and shall not be W. P. C. No.27486 of 2008 -2- confirmed before the said date. 3. This Writ Petition is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/- W. P. C. No.27486 of 2008 -3- K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.27486 of 2008 ------------------------------------------------ Dated this the 21st day of November, 2008 ORDER Counsel for the petitioner submits that draft for Rs.1 lakh has been taken from District Co- operative Bank, Malappuram on 22/10/08, but that the decree holder/bank is not receiving that amount as the said amount is only one third of the amount ordered to be deposited within 45 days as per the order of this Court dt.16/09/08. Counsel for the petitioner prays for extension of time to enable the petitioner to raise the balance amount of Rs.2 lakhs and to make payment in compliance with order dt.16/09/08. Counsel for the respondent/decree holder submits that the bank has no objection in granting extension of time by two weeks to pay the said balance amount of Rs.2 lakhs provided draft for Rs.1 lakh is delivered to the bank positively tomorrow. Counsel for the petitioner submits that draft will be delivered W. P. C. No.27486 of 2008 -4- over to the decree holder/bank and receipt will be obtained positively tomorrow. As agreed to by the counsel for the respondent/decree holder two weeks' time is granted to the petitioner to deposit the balance amount of Rs.2 lakhs. Post after two weeks. K.P.BALACHANDRAN, JUDGE kns/-