IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 16003 of 2009(O) --------------------------------------- E.P. 14/2008 IN OS.1266/2009 of ADDL.MUNSIFF COURT, KOLLAM .................... PETITIONER(S): ------------------------ AJAYAGHOSH,AGED 50,R/AT S/O.SIVASANKARAN R/AT LAILA BHAVAN,KADAPPAKKADA.PO,KOLLAM DIST-8. BY ADVS. SMT.T.S.MAYA (THIYADIL) SMT.K.REENA RESPONDENT(S): -------------------------- SHIRLY SURESH BABU,AGED 41,W/O.SURESH BABU,R/AT GIRIPRABHA MANDIRAM,PATTATHANAM CHERRY, KOLLAM DISTRICT. R1 BY ADVS.MR.P.SIVARAJ, SMT.NAVA VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.16003 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 24th August, 2009 JUDGMENT The Writ Petition is filed seeking the following reliefs: 1. To call for the records of E.P.14/2008 pending before the Additional Munsiff Court, Kollam and issue a Writ of Mandamus, order or direction to stop the entire proceedings in connection with the above referred E.P. and also direct the Munsiff Court to consider and allow Ext.P8, i.e. E.A.210/2009. 2. To issue any other order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 3. To allow the entire cost of the proceedings to the petitioner. 2. Petitioner is the judgment debtor in E.P.No.14 of 2008 in O.S.No.1266 of 1999 on the file of the Munsiff Court, Kollam. The decree was passed in a suit for money based on a cheque, and the respondent is the decree holder. The decree holder had launched criminal proceedings also on the dishonoured cheque and consequent to conviction and sentence passed in that case, in revision, the cheque amount was paid and those proceedings were closed. The decree holder pursuant to getting the decree in the suit moved for execution in which the amount claimed through the criminal W.P.C.No.16003/09 - 2 - proceedings was also given credit to. The judgment debtor objected to the statement filed by the decree holder for claiming the balance amount due by way of the decree passed by the civil court and moved P8 application for consideration of the dispute between the parties to the Adalat. The Writ Petition has been filed for issue of orders/directions to the executing court to refer P8 petition to the Adalat. 3. Notice on admission being given, the respondent has entered appearance. The counsel on both sides after a series of discussions have arrived at a settlement by which it was agreed that if the amount calculated and shown in the memo filed by the judgment debtor, i.e., Rs.26780/- is deposited within a period of two months, it will be considered as sufficient satisfying the decree. In view of the settlement so arrived at by the parties, no further orders are necessary in the Writ Petition. Learned counsel for the judgment debtor sought for one year time for payment of the balance amount under his calculation. The request so made by the judgment debtor cannot be entertained and the court below is directed to keep in abeyance further proceedings in the execution for a period of two months from the date of this judgment. In case the amount of W.P.C.No.16003/09 - 3 - Rs.26,780/- is deposited by the judgment debtor within a period of two months, the execution petition shall be closed recording the satisfaction as agreed to by the counsel for the decree holder. If the amount is not deposited after the expiry of the period of two months, it will be open to the decree holder to take such steps as provided by law for realising the amount covered by the decree including the concession granted for the deposit of the agreed amount of Rs.26,780/- within the time limit fixed. I make it clear that the sum of Rs.26,780/- as agreed to by the parties is only a concession extended by the decree holder to the judgment debtor provided the sum is deposited within the time granted by this court. If there is any default in payment of the entire sum thereof within the time fixed, it will be open to the decree holder after such period to proceed with the execution of the decree and realise whatever sum under the decree. Subject to the above directions, the Writ Petition is closed. srd S.S. SATHEESACHANDRAN, JUDGE