IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 34395 of 2008(T) --------------------------------------------- OS.144/2007 of M.C., PARAPPANANGADI .................... PETITIONER: KUTTIPULACKAL UMMERKUTTY, S/O. ABOOBACKER MASTER, CHERIYAMUNDAM AMSOM, KANATHALLUR DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENT: THE SECRETARY, TANUR CO-OP URBAN BANK LTD., NO. 510, TANUR P.O., MALAPPURAM DIST. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.34395 of 2008 T -------------------------- JUDGMENT Heard counsel for the petitioner. 2. The matter arises in execution of the decree in O.S.No.144/07 on the file of the Munsiff's Court, Parappanangadi. It is submitted that decree is passed on consent and an execution petition is filed for realisation of the decree amount, which comes to Rs.64,628/- and that altogether the payment made in the execution petition is only Rs.5,000/- on 13.11.2008, though the Tanur Co-operative Urban Bank/the judgment debtor has no difficulty in making payment of money due under the decree and that the court below is reluctant to pass appropriate orders on the petition for attachment of movables. It is also submitted that notice on the petition for attachment also was issued to the respondent-judgment debtor/Bank. Counsel for the petitioner further submits that the respondent Bank entered appearance in execution on 30.9.2008 and sought for time to file counter and that on 13.11.2008, they paid Rs.5,000/-, but till now, they have not filed any WPC 34395/08 2 counter either to the execution petition or to the attachment of the movables sought for and that without any justification, the trial court has adjourned the case to 8.1.2009. 2. Having heard the submissions of the counsel for the petitioner/decree holder, I am of the view that such delay in execution is not justified, especially when the judgment debtor is a Co-operative Bank able to discharge the debt in no time. Petitioner is directed to move for hearing of the execution petition being advanced with a copy of this judgment with notice to the respondent/judgment debtor and thereupon the court shall pass appropriate orders for execution of the decree allowing attachment sought for unless in the meanwhile the decree debt is paid off by the respondent Bank. This writ petition is disposed of as above. Issue copy of this judgment to the counsel for the petitioner urgently. 21st November, 2008 (K.P.Balachandran, Judge) tkv