C.M. Jaffer Sadique vs Catholice Syrian Bank Ltd on 26 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14424 of 2009(O)


1. C.M. JAFFER SADIQUE, AGED 42 YEARS,
                      ...  Petitioner

                        Vs



1. CATHOLICE SYRIAN BANK LTD.,
                       ...       Respondent

                For Petitioner  :SRI.P.V.GEORGE(PUTHIYIDAM)

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :26/05/2009

 O R D E R
                       V. RAMKUMAR, J.
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                     W.P.(c).No.14424 of 2009
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               Dated this the 26th day of May, 2009

                            JUDGMENT

Petitioner, who claims to be the Judgment Debtor in

O.S.No.842/96 pending in execution as E.P.No.345 of 1998

before the Munsiff’s Court, Chavakkad, claims to have settled the

matter with the plaintiff-Bank namely the Kunnamkulam branch

of Catholic Syrian Bank Ltd. The grievance of the petitioner is

that eventhough the court namely Munsiff’s Court, Chavakkad

was informed about the settlement, the Court has posted the

case for delivery. The petitioner admits that the sale certificate

has already been issued to the decree holder, Bank. According

to the petitioner, the Bank is willing to re-convey the property to

the petitioner in case the petitioner deposits the balance amount

due as per the settlement of account . The Bank is alleged to

have settled the dispute for Rs.63,000/-. The petitioner claims to

have deposited a total amount of Rs.50,000/- before the court

below. The petitioner is given 10 days’ time from today to

deposit the balance amount due as per the alleged settlement.

W.P.(c).No.14424 of 2009
2

The delivery will stand adjourned by 10 days. In case the

petitioner deposits the balance amount allegedly due and the

decree holder Bank also agrees to receive the same in full

settlement of its dues and agrees for re-conveying the property

to the petitioner, the Executing Court shall pass appropriate

orders after 10 days.

This writ petition is disposed of as above.

Dated this the 26th day of May, 2009.

V. RAMKUMAR, JUDGE

sj