Allowed

Narayanan v. Jayan

Kerala HC10 Dec 2008CRP/816/2008

Case brief

AI extract

What is this about?

In a civil revision regarding an execution petition, the High Court rejected the petitioner's claim of agriculturist status which had led to rejection of a Section 60 CPC claim. The Court allowed payment of Rs. 15,000 by January 2009, permitting subsequent instalment discharge, but reserved the right to proceed with sale if instalments default.

What did the court decide?

Petitioner allowed to deposit Rs. 15,000 by 15.01.2009 and pay monthly instalments of Rs. 5,000 thereafter; failure results in forfeiture and proceeding with execution for sale.

Narayanan Vs Jayan — Execution and Attachment | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN

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WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930

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CRP.No. 816 of 2008 (F)

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----------------------------AGAINST THE ORDER IN EP 11/06 IN OS.155/2003 of M.C.,VADAKKANCHERY

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REVN. PETITIONER/RESPONDENT(JD)/DEFENDANT:

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-------------------------------------------------------------

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NARAYANAN, S/O. KAKKOOTHKUNJUNNI, CHITTANADA VILLAGE, CHITTANADA DESOM, THALAPPILLY TALUK.

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BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL

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RESPONDENT/DECREE HOLDER/PLAINTIFF:-

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-----------------------------------------------------

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JAYAN, S/O. PALLIKKARA NARAYANAN, KUNNAMKULAM VILLAGE, KUNNAMKULAM DESOM, TALAPPALLY TALUK.

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THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.P.BALACHANDRAN, J.

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C. R. P. No.816 of 2008

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Dated this the 10^th day of December, 2008

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ORDER

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Petitioner is the judgment debtor in

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O.S.155/03 on the file of the Munsiff's Court, Wadakkanchery. Claim under Section 60(c) of the C.P.C advanced by the petitioner was repelled by the execution court and hence, this revision.

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Having submitted arguments at length producing also for perusal the objection filed by the petitioner in the execution court and

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also his testimony in the court below contending that the petitioner is an agriculturist, this Court was not prepared to accept the contention and was of the view that the claim under Section 60(c) of the C.P.C was rightly being rejected by the court below. Thereupon, counsel for the petitioner submits

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that the petitioner be allowed opportunity to

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-2-

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C. R. P. No.816 of 2008

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discharge the debt by payment in monthly instalments and offers to pay an amount of Rs.10,000/- by the 15^th of January, 2009. In the circumstances, I allow the petitioner to make deposit/payment to the decree holder of

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an amount of Rs.15,000/- from out of the decree debt positively on or before 15^th of January, 2009 and report the matter before the execution court. In case he fails to do so the proceedings for sale on the execution side shall proceed. If he makes payment of the said amount of Rs.15,000/- on or before 15/01/09 the petitioner shall be entitled to discharge the balance debt in monthly instalments of Rs.5,000/- beginning with 15^th of February, 2009. In case he fails to pay the monthly instalments on or before the 15^th of every calendar month and any two consecutive monthly instalments fall in arrears the petitioner shall forfeit the benefit of discharge of debt

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C. R. P. No.816 of 2008 -3-

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in instalments and the decree holder shall be entitled to proceed with the execution for the realisation of the entire balance debt from the stage at which the execution petition stands at present.

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This C.R.P is disposed of with the

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above directions.

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K.P.BALACHANDRAN, JUDGE

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kns/-

Narayanan v. Jayan

Case brief

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What did the court decide?

Narayanan v. Jayan

Case brief

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