IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 5845 of 2009(A) ------------------------- CMP.5539/2008 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): -------------- A.MADHUKUMAR, S/O.ARJUNAN GIRIJA HOUSE, K.R.A.D 186 TC 2/1863, KULATHOOR POST, THIRUVANANTHAPUPRAM - 695 083. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENT(S): --------------- 1. THE AUTHORISED OFFICER HOUSDING DEVELOPMENT FINANCE CORPORATION LTD HDFC HOUSE, VAZHUTHACAUD,THIRUVANANTHAPURAM. 2. THE HOUSING DEVELOPMENT FINANCE CORPORATION LTD HDFC HOUSE, VAZHUTHACAUD, REPRESENTED BY ITS BRANCH MANAGER. BY ADV.SRI.K.K.CHANDRAN PILLAI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.5845 of 2009-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of February, 2009. JUDGMENT The learned counsel for the petitioner submits that his client would pay off the entire amounts on or before 28-3-2009. The learned counsel for the respondents states that his clients have instructed that such a course could be adopted provided the petitioner files a written undertaking in the form of an affidavit before the learned CJM undertaking to give vacant possession on or before 30-3-2009, if payment as aforesaid is not paid. These submissions are recorded and it is hence ordered that if the petitioner submits an undertaking in the form of affidavit before the learned CJM, Thiruvananthapuram within ten days from today to the effect that he will pay off the entire amounts on or before 28-3-2009 and if he fails to WP(C)5845/2009 -: 2 :- do so, he shall surrender on or before 30-3-2009, the impugned distress action will be deferred till 30-3-2009. If such affidavit is not filed within the time limit fixed above or if the amounts as aforesaid are not paid on or before 28-3-2009, the petitioner shall surrender possession through the learned CJM's court on or before 30-3-2009 or otherwise, shall be dispossessed through the process of that court on 30-3-2009. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/250209