High Court Kerala High Court

A.J.Thankamma vs The Manager on 26 July, 2007

Kerala High Court
A.J.Thankamma vs The Manager on 26 July, 2007
       

  

  

 
 
  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.
                  ----------------------------------
                    W.P.(C) NO. 19137 of 2006
                  ----------------------------------
             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