IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17080 of 2009(O)
1. KAPPIL MOHAMMED BASHEER, S/O.ABOOBACKER,
... Petitioner
Vs
1. KOTTARATHIL GOPINATH,
... Respondent
For Petitioner :SRI.M.KRISHNAKUMAR
For Respondent :SRI.MANJERI SUNDERRAJ
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :22/01/2010
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).No.17080 OF 2009
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Dated this the 22nd day of January 2010
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JUDGMENT
Petitioner is the judgment debtor in E.P No. 2 of
2005 in O.S No.181 of 1996 on the file of Sub Court,
Mancheri. Writ petition was filed at the stage when
execution proceedings culminated in the sale of the
immovable property belonging to the judgment debtor which
was knocked down in auction by the decree holder and what
remained was only issue of a sale certificate and taking
delivery of the property. On the plea made by the counsel
that the petitioner/judgment debtor is prepared to discharge
the entire decree debt provided an opportunity is extended
notice was ordered to the decree holder. On appearance of
the decree holder it was found that the same decree holder
has filed another execution petition as well in respect of
another decree for money against the judgment debtor as
E.P No.96 of 2009 in O.S No.184 of 1996 on the file of Sub
W.P.(C).No.17080 OF 2009 Page numbers
Court, Manjeri. The counsel for the judgment debtor
requested for conciliation of the disputes in respect of the
decree debt due under both decrees. Time was granted and
after settlement talks, it has been reported that the parties
have resolved their disputes subject to payment of a
consolidated sum of Rs.25,00,000/- towards satisfaction of
both the decrees. In the light of the submissions made by
the counsel as above, an order was passed to release te
fixed deposit receipt of Rs.15,00,000/- which had been
tendered before the court below by the father-in-law of the
petitioner/judgment debtor, on the direction of this court as
a precondition for granting stay of the execution
proceedings in E.P No. 2 of 2005 in O.S No.181 of 1996.
Pursuant to that order, the Fixed Deposit Receipt was
released to the petitioner. Today the learned counsel for
the petitioner has handed over a Term Deposit Receipt for
Rs.25,00,000/- to the learned counsel for the respondent. It
is submitted by the learned counsel for the
respondent/decree holder that the above receipt is received
W.P.(C).No.17080 OF 2009 Page numbers
as full and final settlement of the decree debts due under
the two decrees subject to release of the other amounts
which are already in deposit before the execution court. A
Sum of Rs.1,52,701/- had been deposited by the decree
holder towards purchase of the nonjudicial stamp paper to
issue the sale certificate, submits the counsel. Recording
the submissions made by the counsel as to the settlement
effected by the parties, the writ petition is disposed with
direction to the court below to pass appropriate orders in the
execution petition including the setting aside of the sale
passed in E.P No. 2 of 2005 in O.S No.181 of 1996 ordering
refund of the amount deposited by the decree holder for
purchase of the stamp paper and the excess amount, if any,
deposited towards the sale price over and above the decree
amount. Writ petition is disposed as indicated above.
Sd/-
S.S.SATHEESACHANDRAN,
JUDGE
//TRUE COPY//
vdv P.A TO JUDGE