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LEELAMMA, W/O.AYYAPPAN versus JOSEPH, S/O.VARKEY

High Court of Kerala

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LEELAMMA, W/O.AYYAPPAN v. JOSEPH, S/O.VARKEY - MACA No. 1300 of 2004 [2007] RD-KL 13793 (23 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 1300 of 2004()

1. LEELAMMA, W/O.AYYAPPAN,
... Petitioner

Vs

1. JOSEPH, S/O.VARKEY,
... Respondent

2. JOHN.M.M., S/O.MATHEW,

3. THE ORIENTAL INSURANCE CO. LTD.,

For Petitioner :SRI.MATHEW JOHN (K)

For Respondent :SRI.P.V.JYOTHI PRASAD

The Hon'ble MR. Justice K.JOHN MATHEW (RETD.JUDGE)

The Hon'ble MR. Justice P.K.SHAMSUDDIN (RETD. JUDGE)

Dated :23/07/2007

O R D E R

JUSTICE K.JOHN MATHEW (RETD. JUDGE, HIGH COURT OF KERALA) &

JUSTICE P.K.SHAMSUDDIN (RETD. JUDGE, HIGH COURT OF KERALA)

M.A.C.A. No.1300 of 2004

Dated this the 23rd day of July, 2007

AWARD The parties have agreed to settle the dispute. The claimant/appellant is entitled to get an additional amount of Rs.12,000/- (Rupees Twelve thousand only) as compensation. The 3rd respondent will deposit the amount before the MACT, Kottayam for payment to the claimant within 60 days from the date of receipt of a copy of this award, failing which the amount will carry interest at the rate of 9% per annum from the date of default till payment. MACA is disposed of as above. K.JOHN MATHEW

(RETD. JUDGE, HIGH COURT OF KERALA)

P.K.SHAMSUDDIN

(RETD. JUDGE, HIGH COURT OF KERALA)

jp

? IN THE HIGH COURT OF KERALA AT ERNAKULAM

+WP(C) No. 34883 of 2004(C) #1. I.V.PRADEEPAN, S/O.KRISHNAN,
... Petitioner

Vs

$1. THE SECRETARY,
... Respondent

2. ASSISTANT REGISTRAR,

! For Petitioner :SRI.M.K.CHANDRA MOHANDAS

For Respondent : No Appearance

*Coram

The Hon'ble MR. Justice PIUS C.KURIAKOSE

% Dated :15/06/2007

: O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) No. 34883 OF 2004

Dated this the 15th day of June, 2007



JUDGMENT

In this Writ Petition under Article 227 the judgment debtor in Ext.P1 award passed by the Assistant Registrar of Co-operative Societies, in ARC No.1177 of 2002 impugns both Ext.P1 and also Ext.P2 proclamation for sale of property for recovery of a total amount of Rs.1,87,152/- on various grounds. While admitting this Writ Petition, this Court passed a detailed interim order on 01.12.04 directing the petitioner to deposit a sum of Rs.1 lakh within four weeks and that the balance could be worked out when the respondents enter appearance. Subject to that condition this court granted stay for a period of six weeks from 01.12.04. Thereafter the stay is not seen extended. One of the prayers in the Writ Petition is that the 1st respondent decree holder be directed to permit the petitioner to settle the loan by one time settlement. Even though service is complete on the respondents, they have not entered appearance before this court to resist the prayers in the Writ Petition. Probably, the issue has been settled between the parties. Even otherwise I am inclined to issue the following directions: If the Munsiff's Court, Taliparamba which is executing the decree in ARC No.1175 of 2002 as per EP No.107 of 2003 notices that the WPC No. 34883 of 2004 2 petitioner has made the payment of Rs.1 lakh towards the decree debt on or before 01.01.2005 as ordered by this Court, that court will consider the application to be filed by the petitioner for recording full satisfaction, provided, the same is filed within one month of the petitioner receiving a copy of this judgment. If payment of Rs.1 lakh is not made by the petitioner within the stipulated time provided by this Court, the Writ Petition will stand dismissed. If an application of recording full satisfaction is received and if it is seen that payment is made, the execution court will pass orders on that application after hearing the petitioner and the decree holder.

PIUS C. KURIAKOSE, JUDGE

btt WPC No. 34883 of 2004 3


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