IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 26621 of 2009(O) -------------------------- E.P.NO.224/2004 IN OS.765/2002 of PRL.SUB COURT,THRISSUR .................... PETITIONER: --------------- SIVAN N., AGED 62,S/O.PUDUCHIRAYIL NARAYANAN, PUDUCHIRAYIL HOUSE,SAW MILL ROAD, KOORKANCHERY,THRISSUR. BY ADV. MR.G.SREEKUMAR (CHELUR) MR.K.RAVI (PARIYARATH) RESPONDENT: --------------- THE DENA BANK, THRISSUR BRANCH,SAKTHAN THAMPURAN NAGAR, REP.BY ITS MANAGER,THRISSUR. ADV. MR.PHILIP T.VARGHESE FOR R1 MR.THOMAS T.VARGHESE FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26621 of 2009(O) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: JUDGMENT PASSED IN O.S.NO.765/2002 DTD. 14.1.2003 ON THE FILE OF THE PRINCIPAL SUB COURT, THRISSUR. EXT.P2: E.P.NO.24/2004 IN O.S.NO.765/2002 DTD. 24.3.2004 ON THE FILE OF THE SUB COURT, THRISSUR. EXT.P3: SALE PROCLAMATION ISSUED IN EXT.P2 DTD.5.9.2009. RESPONDENT'S EXHIBITS: EXT.R1: STATEMENT DTD. 17.7.2008 FILED BY THE RESPONDENT BANK IN E.P.NO.224/2004 IN O.S.NO.765/2002. EXT.R1(a): STATEMENT DTD. 9.7.2008 FILED BY MR.N.VASU NAIR IN E.P.NO.224/2004 IN O.S.NO.765/2002. .... // TRUE COPY // P.A TO JUDGE. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.26621 of 2009 - O --------------------------------- Dated this the 14th day of January, 2010 J U D G M E N T Petitioner is the first judgment debtor in E.P.No.224 of 2004 in O.S.No.765 of 2002 on the file o the Principal Sub Court, Thrissur. Decree being executed is one passed in a suit for money and the respondent is the decree holder. In the execution proceedings at the stage when an immovable property belonging to the petitioner was attached and proceeded for sale after settling the proclamation the petitioner/judgment debtor has approached this Court and filed the writ petition challenging the proclamation settled, and also with a further plea that an opportunity be provided to liquidate the liability extending a reasonable time. Taking note of the submissions made by the counsel for the petitioner, interim stay of execution of the proceedings was ordered subject to the condition of depositing a sum of Rs.2 Lakhs towards the decree debt due. On appearance of the counsel for the respondent – bank as requested for the parties were referred to mediation to see whether any settlement W.P.(C).No.26621 of 2009 - O 2 is possible. It is reported that the mediation has failed and petitioner/judgment debtor has not even deposited the sum of Rs.2 Lakhs which was ordered to be deposited as a condition precedent for staying the execution proceedings. After hearing the counsel on both sides, I find the challenge against the settlement of proclamation proceeded by the court under Ext.P3 has no merit. The decree holder/bank is denied of enjoying the fruits of the decree by the dilatory tactics taken by the judgment debtor raising false representations seeking time for settling the claim debt. There will be a direction to the execution court to complete the execution proceedings, as expeditiously as possible. Writ petition is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-