IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No.25984 of 2008 (R) ---------------------------------- E.P.116/2006 IN OS.40/2004 of SUB COURT, KASARAGOD .................... PETITIONERS: ---------------- 1. SRIDHARA, AGE 45 YEARS, S/O AMMU POOJARY , JEEP DRIVER, HOSANGADI STAND, BANGRA MANJESHWARA VILLAGE, POST MANJESHWARA, KASARGOD TALUK AND DISTRICT. 2. B.M. ABDULLA, S/O. K.T. MOHAMMED, BUSINESS MISIRIYA CHICKEN STALL, HOSANGADI, BANGARA MANJESHWARA VILLAGE, POST MANJESHWAR, KASARGOD TALUK AND DIST. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT: ---------------- THE NORTH MALABAR GRAMIN BANK, HOSANGADI BRANCH REPRESENTED BY ITS MANAGER, HOSANGADI, KASARGOD DISTRICT. ADV. SRI.DEVAN RAMACHANDRAN FOR R1 SRI.K.M.ANEESH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.25984 of 2008 (R) APPENDIX PETITIONERS' EXTS:- EXT. P1:- TRUE COPY OF THE JUDGMENT IN O.S. NO.40/04 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, KASARAGOD. EXT.P2:- TRUE COPY OF THE DECREE IN O.S. NO.40/04 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, KASARAGOD. EXT.P3:- TRUE COPY OF THE EXECUTION PETITION E.P. NO.116/06 CLAIMING A TOTAL AMOUNT OF RS.1,93,606/- IN O.S. NO.40/04 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, KASARAGOD. EXT.P4:- TRUE COPY OF THE COUNTER FILED ON 09/02/07 IN E.P. NO.116/06 IN O.S. NO.40/04 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, KASARAGOD. EXT.P5:- TRUE COPY OF THE ORDER DATED 18/07/08 IN E.P. NO.116/06 IN O.S. NO.40/2004 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, KASARAGOD. //TRUE COPY// P.A. TO JUDGE K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.25984 of 2008 ------------------------------------------------ Dated this the 14th day of November, 2008 JUDGMENT Heard counsel on both sides. 2. Ext.P2 decree that is being executed against the petitioners who are judgment debtors 2 and 3 in Ext.P3 execution petition is allowing the respondent/plaintiff to recover from the defendants an amount of Rs.1,29,756/- with future interest at 13.5% per annum compounded quarterly from the date of plaint till the date of payment jointly and severally and personally and in default the respondent/Bank is permitted to recover the amount by sale of plaint 'B' schedule property and if the sale proceeds are insufficient the respondent/Bank is permitted to proceed against the defendant personally also. Consequently, therefore, for realisation of the decree debt under Ext.P2, respondent/ W. P. C. No.25984 of 2008 -2- decree holder can proceed against the 'B' schedule property only initially and only if that is not sufficient to satisfy the debt can they proceed against the petitioners personally. But all the same, Ext.P2 decree further provides that the defendants are to pay an amount of Rs.13,394/- being the cost of suit. For realisation of the cost no doubt, the respondent/decree holder can proceed with personal execution. The execution court shall withdraw the warrant provided the cost decreed as aforesaid is deposited by the petitioners who are judgment debtors 2 and 3. 3. With the above directions this Writ Petition is disposed of. K.P.BALACHANDRAN, JUDGE kns/-