Allowed

Sunny Varghese v. Varghese Abraham

Kerala HC16 Nov 2009WP(C)/28618/2009

Case brief

AI extract

What is this about?

In this writ petition, the court disposed of the matter by allowing the petitioner-judgment debtor to pay the decree debt in 12 equal monthly instalments instead of the original four, releasing the already deposited sum of Rs.50,000/- to the decree holder. The revised instalment was set at Rs.15,000/- starting from December 2009. The court directed that if one instalment is defaulted, the decree h

What did the court decide?

Petition disposed by directing judgment debtor to pay decree debt in 12 equal monthly installments of Rs.15,000/- starting December 2009 and releasing Rs.50,000/- already deposited.

Sunny Varghese Vs Varghese Abraham — Execution and Attachment | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931

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WP(C).No. 28618 of 2009(O) -------------------------E.A.NO.207/2009 IN EP.NO.28/05 IN OS.120/1998 of SUB COURT,KOTTARAKKARA

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.................... PETITIONER(S): -------------------------

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SUNNY VARGHESE, AGED 50 YEARS, CHARUVILA PUTHENVEEDU, MANNOOR, VAYALA MURI, KOTTUKKAL VILLAGE, KOTTARAKARA. BY ADVS. MR.ALEXANDER GEORGE, MR.J.ABHILASH.

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RESPONDENT(S): DECREE HOLDER/PLAINTIFF: -----------------------------------------------------------------------VARGHESE ABRAHAM, AGED 57 YEARS, S/O. ABRAHAM, CHEKOTTU JEEVAN BUNGLOW, YEROOR MURI, YEROOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. MR.V.PREMCHAND

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.28618/2009 O

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1: COPY OF THE OBJECTION IN E.P.28/05 IN O.S.NO.120/98.

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P2: COPY OF E.A.207/09 IN E.P.28/05.

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P3: COPY OF THE OBJECTION.

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P4: COPY OF THE ORDER IN E.A.207/09 IN E.P.28/05.

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RESPONDENT'S EXHIBITS: N I L

/TRUE COPY/

P.A.TO JUDGE

Kss

S.S.SATHEESACHANDRAN, J.

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W.P.(C).No.28618 of 2009 - O

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Dated this the 16^th day of November, 2009

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J U D G M E N T

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Petitioner is the judgment debtor in E.P.No.28 of 2005 on

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the file of the Sub Court, Kottarakkara. Decree executed in the above suit is one for money, and the respondent, the decree holder. Resisting the execution of the decree petitioner/judgment debtor raised a plea of no means. Pending enquiry on the plea of no means petitioner/judgment debtor moved an application seeking permission to discharge the decree debt in instalment. The court below passed Ext.P4 order directing him to discharge the decree debt in four instalments. Sum fixed by way of instalments is excessive and unreasonable and it may be refixed providing larger period to discharge the decree debts in instalments, is the only relief canvassed at the time of hearing, by the learned counsel for the petitioner. Learned counsel for the respondent/decree holder opposed the request for instalment payment contending that petitioner is a very rich man and his intention is only to delay the discharge of the decree debt.

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W.P.(C).No.28618 of 2009 - O

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Having regard to the facts and circumstances involved

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and the submissions made by the counsel on both sides, it

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appears, an opportunity can be extended to the petitioner/judgment debtor to discharge the decree debt in instalments. It appears that the decree debt due is approximately Rs.1,69,000/- after remittance of Rs.50,000/-, pursuant to orders passed by this Court. By the time, sum fixed for instalment payment is completed there may be some more amount to the decree holder by way of interest. Taking note that circumstance as well, I direct the judgment debtor to pay the decree debt in 12 equal monthly instalments of Rs.15,000/starting from the next month (December) onwards. Instalment payment as fixed shall be paid on 5^th of every month from December, 2009 and in case 5^th happens to be a holiday, on the next working day itself by deposit before the execution court. Whatever sum due as balance after the 11^th instalment in respect of the decree debt irrespective of the sum fixed it shall be paid in the last and 12^th instalment. In the event of default of even one installment by the judgment debtor it will be open to the decree

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W.P.(C).No.28618 of 2009 - O

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holder to proceed for realisation of the entire balance decree debt due from him as provided by law. The amount of Rs.50,000/already deposited by the judgment debtor shall be released to the decree holder. Ext.P4 order shall stand modified as indicated above.

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Writ petition disposed of as above.

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S.S.SATHEESACHANDRAN, JUDGE.

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bkn/-

Sunny Varghese v. Varghese Abraham

Case brief

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Sunny Varghese v. Varghese Abraham

Case brief

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