IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 26348 of 2004(J)
1. M.P.THANKAM, W/O. M.P.BALAN,
... Petitioner
Vs
1. STATE BANK OF TRAVANCORE,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :23/05/2007
O R D E R
PIUS C. KURIAKOSE, J.
-------------------------------
W.P.(C) No. 26348 OF 2004
-----------------------------------
Dated this the 23rd day of May, 2007
JUDGMENT
Ext.P3 proclamation for sale of the property belonging to the
petitioner who owed money to the 1st respondent-State Bank of
Travancore is under challenge on various grounds. Inter alia petitioner
has stated that he is prepared to pay the entire balance decree debt and
needs only time to do so. While admitting the writ petition , this Court
recorded an undertaking of the petitioner that he will pay an amount of
Rs.20,000/- towards debt within two weeks from 9.9.04 and on that
basis this Court adjourned the sale which had been notified by one
month. Learned counsel for the petitioner is unable to say whether the
undertaking given before this Court was honored by her client.
2. Having gone through the grounds raised in the writ petition and
having considered the submissions on behalf of the petitioner, I am of
the view that the Writ Petition itself can be disposed of issuing the
following directions:
The Court below will verify whether the petitioner has paid the
amount of Rs.20,000/- towards the decree debt to the 1st respondent-
Bank on or before 23.09.04 as undertaken by her before this Court. If it
is seen that the amount undertaken by the petitioner has been paid, the
WPC No.26348/2004
2
proceedings for sale will be kept in abeyance for a further period of 10
weeks so that the petitioner can wipe off the entire balance decree debt
in two equal monthly installments commencing from 15th June 2007.
PIUS C. KURIAKOSE, JUDGE
btt
WPC No.26348/2004
3