Kuttipulackal Ummerkutty vs The Secretary on 21 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34395 of 2008(T)


1. KUTTIPULACKAL UMMERKUTTY,
                      ...  Petitioner

                        Vs



1. THE SECRETARY, TANUR CO-OP
                       ...       Respondent

                For Petitioner  :SRIC.M.MOHAMMED IQUABAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :21/11/2008

 O R D E R
                 K.P. Balachandran, J.
              --------------------------
               W.P.(C)No.34395 of 2008 T
              --------------------------

                       JUDGMENT

Heard counsel for the petitioner.

2. The matter arises in execution of the decree in

O.S.No.144/07 on the file of the Munsiff’s Court,

Parappanangadi. It is submitted that decree is passed

on consent and an execution petition is filed for

realisation of the decree amount, which comes to

Rs.64,628/- and that altogether the payment made in the

execution petition is only Rs.5,000/- on 13.11.2008,

though the Tanur Co-operative Urban Bank/the judgment

debtor has no difficulty in making payment of money due

under the decree and that the court below is reluctant

to pass appropriate orders on the petition for

attachment of movables. It is also submitted that

notice on the petition for attachment also was issued

to the respondent-judgment debtor/Bank. Counsel for the

petitioner further submits that the respondent Bank

entered appearance in execution on 30.9.2008 and sought

for time to file counter and that on 13.11.2008, they

paid Rs.5,000/-, but till now, they have not filed any

WPC 34395/08 2

counter either to the execution petition or to the

attachment of the movables sought for and that without

any justification, the trial court has adjourned the

case to 8.1.2009.

2. Having heard the submissions of the counsel

for the petitioner/decree holder, I am of the view that

such delay in execution is not justified, especially

when the judgment debtor is a Co-operative Bank able to

discharge the debt in no time. Petitioner is directed

to move for hearing of the execution petition being

advanced with a copy of this judgment with notice to

the respondent/judgment debtor and thereupon the court

shall pass appropriate orders for execution of the

decree allowing attachment sought for unless in the

meanwhile the decree debt is paid off by the respondent

Bank.

This writ petition is disposed of as above. Issue

copy of this judgment to the counsel for the petitioner

urgently.

21st November, 2008 (K.P.Balachandran, Judge)
tkv