High Court Kerala High Court

Ammu vs Assistant Registrar Of … on 12 December, 2008

Kerala High Court
Ammu vs Assistant Registrar Of … on 12 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34928 of 2008(G)


1. AMMU, AGED 61 YEARS, W/O.KUNJAPPU, R/AT.
                      ...  Petitioner

                        Vs



1. ASSISTANT REGISTRAR OF CO.OP.SOCIETIES/
                       ...       Respondent

2. CHAVAKKAD TALUK RURAL HOUSING CO.OP.

                For Petitioner  :SRI.RAJIT

                For Respondent  :SRI.N.J.JOHNSON

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

 Dated :12/12/2008

 O R D E R
               K.P.BALACHANDRAN, J.
           ------------------------------------------------
                 W. P. C. No.34928 of 2008
           ------------------------------------------------
          Dated this the 12th day of December, 2008

                         JUDGMENT

Rs.40,000/- is reported to have been

deposited in compliance with the order

dt.26/11/08. Respondents have also entered

appearance through lawyer and counsel on both

sides submit that the petitioner can be

permitted to discharge the balance debt in

four equal monthly instalments beginning with

15th of January, 2009.

2. In the result, I allow the petitioner/

judgment debtor to deposit the balance debt in

four equal monthly instalments beginning with

15/01/09. In the event of the petitioner

committing default in payment of any monthly

instalment on or before the due date, the

benefit granted to him to discharge the debt

in instalments shall stand forfeited and the

decree holder shall be entitled to proceed

W. P. C. No.34928 of 2008 -2-

with execution from the stage at which the

execution stands at present as I have not

interfered with the proceedings in the court

below in any manner in this Writ Petition

other than granting the benefit of instalments

as aforesaid on agreement.

3. This Writ Petition is disposed of as

above.

K.P.BALACHANDRAN,
JUDGE
kns/-

W. P. C. No.34928 of 2008 -3-

K.P.BALACHANDRAN, J.

————————————————

W. P. C. No.34928 of 2008

————————————————

Dated this the 26th day of November, 2008

ORDER

Heard. Counsel for the petitioner submits

that the petitioner who is the judgment debtor

will make a deposit or payment of an amount of

Rs.40,000/- (Rupees Forty Thousand Only)

positively within two weeks from today and

that she is prepared to make payment of the

balance also in instalments. In view of the

said submission, petitioner is directed to

make payment of Rs.40,000/- (Rupees Forty

Thousand Only) to the decree holder/Bank

positively within two weeks from today and

report the matter to this Court as also to the

execution court.

2. In the meanwhile, issue notice to the

respondents by speed post with acknowledgment

W. P. C. No.34928 of 2008 -4-

due and post the case after two weeks. Interim

stay of further proceedings in Ext.P1 is

granted for a period of three weeks from

today.

K.P.BALACHANDRAN,
JUDGE
kns/-