IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 WP(C).No. 17080 of 2009(O) --------------------------------------- OS.181/1996 of SUB COURT, MANJERI .................... PETITIONER(S): ---------------------- KAPPIL MOHAMMED BASHEER, S/O.ABOOBACKER, BY POWER OF ATTORNEY HOLDER, SAJITHA BASHEER, W/O.MOHAMMED BASHEER, KAPPIL HOUSE, KARULAYI AMSOM DESOM, NILAMBUR TALUK. BY ADV. MR.M.KRISHNAKUMAR, SMT.PRABHA R.MENON. RESPONDENT(S): ------------------------- KOTTARATHIL GOPINATH, S/O.K.M. KRISHNAN NAIR, ANAMANGAD AMSOM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. MR.MANJERI SUNDERRAJ, MR.B.PREMNATH . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17080/2009-O APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AFFIDAVIT AND APPLICATION IN E.A.319/2006. EXT.P2: COPY OF THE ORDER IN EA.319/2006 IN EP.2/2005 DATED 26/10/2006. EXT.P3: COPY OF THE JUDGMENT IN A.S.113/2006 ON THE FILE OF THE DISTRICT COURT MANJERI, DATED 11/03/2009. EXT.P4: COPY OF THE CERTIFICATE DATED 15/06/2009 ISSUED BY THE BANK MANAGER. EXT.P5: COPY OF THE STATEMENT ISSUED BY THE SBT BANK MANGER EDAKARA DATED 21/08/2009. RESPONDENT'S EXHIBITS: EXT.R1: COPY OF THE EP.3/2005 IN O.S.184/1996 BETWEEN THE SAME PARTIES IN SUB COURT, MANJERI. EXT.R2: COPY OF THE ORDER DATED 21/06/2002 IN IA.217/2002 IN OS.184/1996 BY THE SUB COURT MANJERI. //TRUE COPY// P.A. TO JUDGE rs. S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.17080 OF 2009 -------------------------------- Dated this the 22nd day of January 2010 ---------------------------------------------------------- JUDGMENT Petitioner is the judgment debtor in E.P No. 2 of 2005 in O.S No.181 of 1996 on the file of Sub Court, Mancheri. Writ petition was filed at the stage when execution proceedings culminated in the sale of the immovable property belonging to the judgment debtor which was knocked down in auction by the decree holder and what remained was only issue of a sale certificate and taking delivery of the property. On the plea made by the counsel that the petitioner/judgment debtor is prepared to discharge the entire decree debt provided an opportunity is extended notice was ordered to the decree holder. On appearance of the decree holder it was found that the same decree holder has filed another execution petition as well in respect of another decree for money against the judgment debtor as E.P No.96 of 2009 in O.S No.184 of 1996 on the file of Sub W.P.(C).No.17080 OF 2009 Page numbers Court, Manjeri. The counsel for the judgment debtor requested for conciliation of the disputes in respect of the decree debt due under both decrees. Time was granted and after settlement talks, it has been reported that the parties have resolved their disputes subject to payment of a consolidated sum of Rs.25,00,000/- towards satisfaction of both the decrees. In the light of the submissions made by the counsel as above, an order was passed to release te fixed deposit receipt of Rs.15,00,000/- which had been tendered before the court below by the father-in-law of the petitioner/judgment debtor, on the direction of this court as a precondition for granting stay of the execution proceedings in E.P No. 2 of 2005 in O.S No.181 of 1996. Pursuant to that order, the Fixed Deposit Receipt was released to the petitioner. Today the learned counsel for the petitioner has handed over a Term Deposit Receipt for Rs.25,00,000/- to the learned counsel for the respondent. It is submitted by the learned counsel for the respondent/decree holder that the above receipt is received W.P.(C).No.17080 OF 2009 Page numbers as full and final settlement of the decree debts due under the two decrees subject to release of the other amounts which are already in deposit before the execution court. A Sum of Rs.1,52,701/- had been deposited by the decree holder towards purchase of the nonjudicial stamp paper to issue the sale certificate, submits the counsel. Recording the submissions made by the counsel as to the settlement effected by the parties, the writ petition is disposed with direction to the court below to pass appropriate orders in the execution petition including the setting aside of the sale passed in E.P No. 2 of 2005 in O.S No.181 of 1996 ordering refund of the amount deposited by the decree holder for purchase of the stamp paper and the excess amount, if any, deposited towards the sale price over and above the decree amount. Writ petition is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// vdv P.A TO JUDGE