IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 19137 of 2006(C)
1. A.J.THANKAMMA,
... Petitioner
Vs
1. THE MANAGER, STATE BANK OF TRAVANCORE
... Respondent
2. M.T.RAJAN, AROOKKUZHIYIL HOUSE,
3. K.GOPALAKRISHNAN, -DO- -DO-.
For Petitioner :SRI.R.SANTHOSH BABU
For Respondent :SRI.SANTHOSH MATHEW
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :26/07/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) NO. 19137 of 2006
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Dated this the 26th day of July, 2007
JUDGMENT
Sri.Santhosh Babu, the learned counsel for the
petitioner confesses that the petitioner did not comply with the
condition imposed by this court that a sum of Rs.20,000/- shall
be paid within one month from 21.7.2006 for granting stay.
Ordinarily, this court would not have been inclined to grant any
relief to the petitioner, who failed to comply with the conditions
after suffering conditions for obtaining interim relief.
2. However, considering the submissions of the learned
counsel for the petitioner, I am inclined to enlarge the time for
payment of sum of Rs.20,000/- ordered by this court on
21.7.2006 till 16.8.2007. If the payment of the above amount is
made on or before 16.8.2007, the execution court will hold up
further proceedings for execution for another three months and
it is for the petitioner to sort out the issue with the respondent
bank in any manner of his choice before the expiry of the said
WPC No.19137/2006 2
period of three months. At any rate, if the issue is not settled
between the parties before the expiry of the time stated above,
the court below shall proceed with the execution and ensure
that the respondent bank, who obtained decree way back in the
year 1988, gets the fruits of that decree. It is made clear that if
the petitioner does not remit the sum of Rs.20,000/- within the
time stipulated herein above, the petitioner will not be entitled
for any benefits under this judgment and under such an event the
writ petition will stand dismissed.
It is needless to mention that the present E.P. will be kept
alive by the learned Munsiff since a fresh E.P. will be time barred.
PIUS C. KURIAKOSE,
JUDGE.
Dpk