Disposed

Satheesan v. Gopalan

Kerala HC12 Oct 2012OP(C)/1187/2012

Case brief

AI extract

What is this about?

The Kerala High Court disposed of an execution petition where the judgment debtor sought to repay a decree debt exceeding Rs.50,000 in instalments. The Judge permitted monthly instalments of Rs.2,500, exempting the debtor from civil prison arrest upon compliance.

What did the court decide?

Permitted repayment of decree debt in ten equal monthly instalments of Rs.2,500 commencing from 1-11-2012 with exemption from civil prison arrest on compliance.

Satheesan Vs Gopalan — 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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FRIDAY, THE 12TH DAY OF OCTOBER 2012/20TH ASWINA 1934

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OP(C).No. 1187 of 2012 (O)

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EA.NO.35/2012 IN OS.278/1999 of MUNSIFF COURT, PARAVUR

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PETITIONER/JUDGMENT DEBTOR:

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SATHEESAN AGED 42 YEARS, S/O.NARAYANAN, VADASSERY HOUSE CHERAI KARA, PALLIPURAM VILLAGE, KOCHI TALUK.

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BY ADVS.SRI.P.K.SAJEEV SRI.M.K.VENUGOPALAN

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RESPONDENT/DECREE HOLDER:

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GOPALAN S/O.VELAYUDHAN, PADATHUPARAMBIL HOUSE, CHERAI KARA PALLIPURAM VILALGE, KOCHI TALUK P.O.CHERAI-683 514.

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R1 BY ADV. SRI.VIJAYAN MANNALY

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 12-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 1187 of 2012 (O) APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1: TRUE COPY OF THE EXECUTION PETITION IN EP.160/2009 IN OS.NO.278/99 ON THE FILES OF MUNSIFF COURT, NORTH PARAVUR.

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EXHIBIT P2: TURE COPY OF THE COUNTER IN EP.NO.160/2009 IN OS.NO.278/99.

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EXHIBIT P3: COPY OF THE ORDER DATED 6/12/2011 IN EP.NO.160/2009 IN OS.NO.278/99.

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EXHIBIT P4: TRUE COPY OF THE JUDGMENT DATED 15/12/2011 IN OPC.4127/2012.

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EXHIBIT P5: TRUE COPY OF THE MEMO DATED 6/1/2012 IN EP.NO.1`60/2009 IN OS.NO.278/1999 FOR THE PAYMENT OF RS.20,000/-

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EXHIBIT P6: TRUE COPY OF THE MEMO DATED 13/2/2012 FOR PAYMENT OF RS.2500/IN EP.NO.160/2009 IN OS.278/1999.

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EXHIBIT P7: TRUE COPY OF THE PETITION IN EA.NO.35/2012 IN EP.NO.160/2009 IN OS.NO.278/99.

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EXHIBIT P8: TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT TO EXHIBIT P7 APPLICATION.

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EXHIBIT P9: TRUE COPY OF THE MEMO DATED 21/3/2012 FOR THE PAYMENT OF RS.2,500/-

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EXHIBIT P10: TYPE WRITTEN COPY OF THE ORDER DATED 21/3/2012 IN EA.35/2012 IN EP.160/2009 IN OS.278/99.

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RESPONDENTS' EXHIBITS

NIL

TRUE COPY

P.A TO JUDGE

SMM

V.CHITAMBARESH,J.

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= = = = = = = = = = =

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O.P.(C) No.1187 of 2012

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= = = = = = = = = = = == = = = = Dated this the 12^th day of October, 2012

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J U D G M E N T

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The judgment debtor contends that he can repay the decree debt only in monthly instalments of Rs.2,500/- (Rupees two thousand five hundred only). The decree holder on the other hand maintains that the judgment debtor can pay in monthly instalments of Rs.10,000/-(Rupees ten thousand only). The decree debt exceeds Rs.50,000/- (Rupees fifty thousand only) as on today and the execution petition was filed in the year 2009 itself.

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I permit the judgment debtor to repay the decree debt in ten equal monthly instalments starting from 1-11-2012. The judgment debtor shall not be arrested and detained in civil prison if he complies with the condition in time. The judgment debtor will lose the benefit of the instalment facility if anyone condition is violated. The decree holder is then at liberty to surge ahead with the personal execution of the petitioner/judgment debtor

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The Original Petition (Civil) is disposed of .

V.CHITAMBARESH.

smm

JUDGE

smm

Satheesan v. Gopalan

Case brief

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Satheesan v. Gopalan

Case brief

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