IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6030 of 2004(P)
1. J.R.CHRISPIN S/O.JESSAYYAN,
... Petitioner
2. JASMIN SUJA W/O.J.R.CHRISPIN,
Vs
1. THE CATHOLIC SYRIAN BANK,
... Respondent
For Petitioner :SRI.B.S.SWATHY KUMAR
For Respondent :SRI.JIMMY JOHN VELLANIKARAN
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :07/08/2007
O R D E R
PIUS C. KURIAKOSE,J.
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W.P.(C) No.6030 of 2004
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Dated: 7th August, 2007
JUDGMENT
In this Writ Petition filed under Article 227 of the Constitution
the judgment-debtors impugn Ext.P1 order directing delivery of their
properties which were purchased by the respondent-decree-holder-
Bank in an auction conducted by the court on the strength of the sale
certificate already issued to the respondent-Bank. This court while
admitting the Writ Petition granted stay of delivery on condition that
the petitioners shall deposit a sum of Rs.25,000/- within a period of
two weeks from 19.2.2004. The prayer in the Writ Petition is
essentially one for grant of time for settling the liabilities. The
respondent-Bank, I am sure, will be prepared to receive cash in full
and final settlement of the petitioners’ liability inclusive of the
liabilities due on account of the decree debt as well as the charge
expended for the conduct of the sale and for preparation of the sale
certificate if tendered within a reasonable time. Under these
circumstances, I dispose of the Writ Petition issuing the following
directions:
The execution court will verify whether the petitioners have
complied with the conditions imposed by this court that a sum of
W.P.C.No.6030/04 – 2 –
Rs.25,000/- shall be deposited by the petitioners within two weeks
from 19.2.2004. If on verification it is seen that the petitioners have
deposited the amount within the time stipulated, the execution court
will hold up delivery for further period of four months from the date
of verification. It is open to the parties to sort out the issues between
themselves in the meanwhile. The court below will also explore the
possibility of settlement between the parties. At any rate, the order of
stay will not continue beyond four months as indicated above since I
do not find any infirmity about the impugned order warranting
interference in the supervisory jurisdiction of this court under Article
227 of the Constition.
srd PIUS C.KURIAKOSE, JUDGE