IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 9156 of 2009(O) ------------------------- OS.110/2003 of SUB COURT, KASARAGOD .................... PETITIONER(S): --------------- MRS.MARIYAMMA, W/O.LATE MOHAMMED, "SALEEM MANZIL", NEERCHAL CHOWKI, KUDLU VILLAGE, KASARAGOD TALUK & DISTRICT. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): --------------- CANARA BANK, BANK ROAD BRANCH, KASARAGOD REPRESENTED BY ITS SENIOR BRANCH MANAGER, KASARAGOD, KASARAGOD TALUK & DISTRICT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 9156/09 APPENDIX PETITIONER's EXHIBITS: EXT.P1: COPY OF PROCLAMATION OF SALE. EXT.P2: COPY OF THE RECEIPT. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. ------------------------------------ W.P.(C).No.9156 of 2009 ------------------------------------- Dated this the 27th day of March, 2009 JUDGMENT The judgment debtor in E.P.No.6 of 2007 in O.S.No.110 of 2003, on the file of the Subordinate Judge of Kasaragod, is the Writ Petitioner. In execution of the decree, the immovable property belonging to the petitioner was ordered to be sold. Ext.P1 proclamation of sale dated 1.1.2007 was issued. Ext.P1 shows that a sum of Rs.8,00,684/- was sought to be realised. Subsequently, there was a one time settlement as evidenced by Ext.P2. It would appear that the final settlement was for payment of Rs.5 lakhs out of which the spot payment on 11.11.2008 was Rs.2 lakhs. The balance amount of Rs.3 lakhs was to be paid on or before 10.1.2009. The judgment debtor did not pay that amount and the execution was therefore proceeded with. The case of the petitioner is that before 10.1.2009, he was prepared to deposit a sum of Rs.3 lakhs in full and final settlement. But, the Bank did not accept the amount. 2. The petitioner expressed his readiness to pay a sum of Rs.3 lakhs together with interest from 10.1.2009 within a period of WPC No.9156/2009 2 two weeks in full and final settlement of all the claims in the Execution Petition. The learned counsel appearing for the respondent Bank submitted that if the amount is paid as aforesaid, full satisfaction can be recorded in the Execution Petition. Accordingly, the Writ Petition is disposed of as follows: The petitioner shall pay to the respondent a sum of Rs.3 lakhs together with interest on the said amount at 12.5% per annum from 10.1.2009 to the date of payment, on or before 15th April 2009. If the amount is paid as aforesaid, the decree amount shall stand satisfied and the executing court shall record full satisfaction of the decree. The parties shall appear before the executing court on 25.5.2009. K.T.SANKARAN, JUDGE csl WPC No.9156/2009 3 WPC No.9156/2009 4 K.T.SANKARAN, JUDGE csl K.T.SANKARAN, J. --------------------------------------------- WPC No.9156/2009 5 W.P.(C).No.9156 of 2009 --------------------------------------------- Dated this the 20th day of March, 2009 ORDER Advocate P.Gopinath Menon takes notice for the respondent. He prays for a short time to get instructions. The learned counsel for the petitioner submitted that as per the one time settlement, the petitioner has to pay a sum of Rs.5 lakhs in full and final settlement. The spot payment of Rs.2 lakhs was to be made on 11.11.2008. That was complied with. The balance amount was to be paid on or before 10.1.2009. The case of the petitioner is that well before that date, he was prepared to deposit a sum of Rs.3 lakhs in full and final settlement of it. But, the Bank did not accept the amount. Now, the property of the petitioner is proclaimed for sale to 23.3.2009. The learned counsel for the petitioner submits that the petitioner is prepared to pay Rs.3 lakhs to the respondent on any date ordered by the court, in full and final settlement of the claim. This submission is recorded. There will be a stay of all further proceedings in E.P.No.6 of 2007 in O.S.No.110 of 2003 Sub Court, Kasaragod for a period of two weeks. WPC No.9156/2009 6 Post on 27.3.2009. K.T.SANKARAN, JUDGE csl