Disposed

Francis v. United Kuries (P) Ltd.Chalakudy

Kerala HC25 Sept 2012CRP/388/2012

Case brief

AI extract

What is this about?

The High Court allowed the petitioner additional time to pay balance instalments of a decree debt to avert civil prison arrest. The court directed payment by specific dates, warning that any default would lead to arrest.

What did the court decide?

Petitioner permitted to pay remaining three instalments starting 01.11.2012; arrest stayed contingent on timely payment; any default revives arrest order.

Francis Vs United Kuries (P) Ltd.Chalakudy — Execution and Attachment | Kerala HC (2012)

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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 V.CHITAMBARESH

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TUESDAY, THE 25TH DAY OF SEPTEMBER 2012/3RD ASWINA 1934

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CRP.No. 388 of 2012 ()

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EP NO. 68/2010 IN OS.362/2000 of MUNSIFF COURT, CHALAKUDY

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REVISION PETITIONER(S)/REVISION PETITIONER/ 2ND JUDGMENT DEBTOR:

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FRANCIS,

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S/O KUNJIPYLO, KAIPPARAMBUKARAN, KADUKUTTY DESOM KALLUR VADAKKUMMURY VILLAGE, MUKUNDAPURAM TALUK THRISSUR DISTRICT

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BY ADV. SRI.A.C.DEVY

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RESPONDENT(S)/DECREE HOLDER AND 1-3 JUDGMENT DEBTORS:

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UNITED KURIES (P) LTD.CHALAKUDY,

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REPRESENTED BY MANAGER, JOSE, S/O AKKARA JOSEPH ALINJIPRA VILLAGE, MUKUNDAPURAM TALUK THRISSUR DISTRICT 680714

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JOJO,

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S/O CHIRAMEL APRO, KADUKUTTY DESOM

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KALLUR VADAKKUMMURY VILLAGE, KUKUNDAPURAM TALUK THRISSUR DISTRICT 680711

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BAIJU PHILIP,

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S/O KOONAMPARAYIL PHILIP,MARAMKODE DESOM KODASSERY VILLAGE MUKUNDAPURAM TALUK

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THRISSUR DISTRICT 680721

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THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. CHITAMBARESH, J

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C.R.P. NO. 388 OF 2012

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Dated this the 25^th day of September, 2012

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ORDER

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The plea of no means raised by the petitioner/second judgment debtor was turned down by the court below and an order of detention in civil prison passed. The same was challenged in C.R.P. No. 78/2011 on the file of this court whereby the order passed by the execution court was affirmed. The petitioner was however permitted to repay the decree debt in six equal monthly instalments of ` 6,500/-.

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The petitioner paid three instalments and defaulted in the payment of the remaining three instalments resulting in the revival of the order of arrest. The petitioner has again come up in Civil Revision Petition contending that he was unable to pay the instalments due to paucity of funds. The petitioner seeks some breathing time to pay balance three instalments in order to avert his incarceration in civil prison.

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Taking note of the peculiar facts and circumstances

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I permit the petitioner to repay the remaining three instalments from 01.11.2012. The petitioner shall not be

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CRP No. 388/2012

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arrested and detained in civil prison if he pays the instalments on 01.11.2012, 01.12.2012 and 02.01.2013. The petitioner will lose the benefit of the instalment facility if any one default is committed. The decree holder is then at liberty to insist for arrest and detention of the petitioner in civil prison.

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The Civil Revision Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

Francis v. United Kuries (P) Ltd.Chalakudy

Case brief

What is this about?

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Francis v. United Kuries (P) Ltd.Chalakudy

Case brief

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What did the court decide?

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