Dismissed

Seena Darwin v. Darwin Joseph

Kerala HC13 Sept 2012Mat.Appeal/550/2012

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a matrimonial appeal filed by decree holders against an execution order. The court dismissed the appeal in limine, holding that the respondent had fully discharged the decree debt by depositing the remaining interest of Rs.14,091/-. Consequently, the claim for 12 sovereigns of gold was rejected based on the specific limitation in the original judgment for gold

What the court decided

AI extract

Seena Darwin Vs Darwin Joseph — Matrimonial and Divorce | 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 PIUS C.KURIAKOSE &

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THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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THURSDAY, THE 13TH DAY OF SEPTEMBER 2012/22ND BHADRA 1934

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Mat.Appeal.No. 550 of 2012 ()

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IN OP.786/2005 of FAMILY COURT,ERNAKULAM

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APPELLANTS/DECREE HOLDERS:

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1. SEENA DARWIN,

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AGED 46 YEARS,

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D/O CICILY RESIDING AT 'QUEEN', 47/1891 A, VADUTHALA, CHERANELLOOR VILLAGE, KANAYANNUR TALUK,

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ERNAKULAM DISTRICT,PIN:682 023.

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2. CHINNU DARWIN, AGED 21 YEARS,

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D/O SEENA DARVIN, RESIDING AT -DO-

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3. MINNU DARWIN, AGED 16 YEARS D/O SEENA DARWIN, RESIDING AT -DO-

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(THE MINOR REPRESENTED BYT HE NATURAL GUARDIAN THE MOTHER THE 1ST APPELLANT.)

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BY ADV. SRI.V.S.BABU GIREESAN

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RESPONDENT/JUDGMENT DEBTOR.:

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DARWIN JOSEPH, AGED 56 YEARS, S/O JOSEPH, KARIKASSERY HOUSE, PALLURUTHY, RAMESWARAM VILLAGE, ERNAKULAM WORKING AS WELDER, FABRICATION SECTION, KELTRON CONTROL, AROOR, ALAPPUZHA DISTRICT – 688 534.

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 13-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH,JJ

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--------------------------------------MAT Appeal No.550 Of 2012

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Dated this the 13^th day of September, 2012.

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J U D G M E N T

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Pius C.Kuriakose, J

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We are not inclined to entertain this appeal filed by the petitioners who are petitioners in E.P.No.55/2010 in O.P.No786/2005 of the Family Court, Ernakulam. The decreetal portion of the judgment of the original petition which is sought to be executed is as follows:

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“The first petitioner is granted an order to return of Rs.1,15,000/- and 12 sovereigns of gold ornaments or its value to the tune of Rs.50,000/of the respondent with 8% interest thereon from the date of realization.”

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2. The appellant claimed a total amount of Rs.3,00,000/-

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under the E.P and after deducting the amount deposited already he claimed Rs.2,22,556/- towards balance. Under the impugned order the execution Court (Family Court, Ernakulam) has found, in our opinion correctly that a sum of Rs.14,091/- is payable under the decree as interest but for which the entire liability

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MAT Appeal No.550 of 2012

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under the decree has been discharged. Hence, the impugned order was passed directing the respondent to deposit balance amount of Rs.14,091/- .Sri.V.S. Babu Gireesan, learned counsel for the petitioner would submit that the decree having become final the respondent is bound to return 12 sovereigns or the present monetary value of 12 sovereigns of gold. According to us, the above argument cannot be accepted in the light of the specific directions in the decreetal portion of the judgment that the maximum value for gold to be paid by the judgment debtors is Rs.50,000/-. We are in agreement with the learned Judge of the execution court that once an amount of Rs.14,091/- is deposited the decree debt will stand discharged completely.

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We dismiss the appeal in limine.

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Sd/PIUS C.KURIAKOSE, JUDGE.

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Sd/BABU MATHEW P.JOSEPH, JUDGE

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//True Copy//

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P.A TO JUDGE

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Seena Darwin v. Darwin Joseph

Case brief

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Seena Darwin v. Darwin Joseph

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