Disposed

Sasi v. Hillvalley Corporation

Kerala HC20 Jun 2011OP(C)/1152/2011

Case brief

AI extract

What is this about?

This Original Petition by the judgment debtor challenging the rejection of no means plea was disposed of by granting an instalment facility for payment of the entire decree amount over specified months.

What did the court decide?

Original Petition disposed of granting instalment facility to petitioner to pay entire decree amount starting Rs. 5000/month for 12 months, followed by balance in three equal monthly instalments.

Sasi Vs Hillvalley Corporation — Execution and Attachment | Kerala HC (2011)

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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.T.SANKARAN MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933

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OP(C).No. 1152 of 2011(O)

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AGAINST THE ORDER DATED 23.12.2010 IN E.P.NO.308/2009 IN OS.743/2006 OF THE II ADDL.SUB COURT,THRISSUR

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PETITIONER/JUDGMENT DEBTOR

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---------------------------------------------SASI, AGED 40 YEARS, S/O.GOPURATHINGAL GOPALAN, AYYANTHOLE VILLAGE, AYYANTHOLE DESOM, THRISSUR TALUK, NOW RESIDING AT KERALA LAKSHMI MILL, PULLAZHI (PO), THRISSUR. BY ADV. SRI.C.A.ANOOP

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RESPONDENT: DECREE HOLDER ---------------------------HILLVALLEY CORPORATION, REGISTERED OFFICE AT THRISSUR DESOM, KOLAZHY VILLAGE, THRISSUR TALUK, PIN-680 001. BY ADV. SRI.N.M.MADHU SMT.C.S.RAJANI

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 TRUE COPY OF THE ORDER DATED 23.12.2010 IN E.P.NO.308/2009 IN O.S.NO.743/2006 PASSED BY THE COURT OF II ADDITIONAL SUB JUDGE, THRISSUR.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

AHZ/

K.T.SANKARAN, J.

O.P.(C). NO. 1152 OF 2011 O

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Dated this the 20^th day of June, 2011

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JUDGMENT

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The petitioner is the judgment debtor in E.P.No.308 of 2009 in O.S.No.743 of 2006, on the file of the II Additional Sub Court, Thrissur. The order dated 23.12.2010 in the Execution Petition, by which the court below rejected the plea of no means raised by the petitioner, is under challenge in this Original Petition.

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The learned counsel for the parties, on instructions, submitted that the Original Petition can be disposed of granting instalment facility to the petitioner to pay the entire decree amount. It is also submitted by the learned counsel for the petitioner that the petitioner is making all efforts to dispose of his immovable property for the purpose of discharging the decree debt and, for that purpose, some time is required.

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O.P.(C) NO.1152 OF 2011

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:: 2 ::

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The Original Petition is, therefore, disposed of in the following manner:

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a) The petitioner shall deposit, for payment to the decree holder, a sum of Rupees Five thousand each for a period of twelve months commencing from 15.7.2011. If 15^th of any particular month happens to be a holiday, the amount shall be deposited on the next working day.

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b) After the expiry of the aforesaid twelve months, petitioner shall deposit the balance decree amount in three equal monthly instalments. The first instalment shall be deposited on or before 15^th July, 2012 and the other instalments shall be made on 15^th of the succeeding two months. If the 15^th of any month happens to be a holiday, the said instalment shall be paid on the next working day.

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c) If the petitioner commits default in payment of any of the instalments in (a) or (b) mentioned above, the entire balance amount payable will become due and the executing

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O.P.(C) NO.1152 OF 2011

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:: 3 ::

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court will issue warrant for the arrest of the petitioner to implement the order dated 23.12.2010.

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d) For facilitating payment in the manner indicated above, the order passed by the court below shall be kept in abeyance till the date of the last instalment or till the date of default.

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ahz/

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(K.T.SANKARAN) Judge

Sasi v. Hillvalley Corporation

Case brief

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Sasi v. Hillvalley Corporation

Case brief

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What did the court decide?

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