Allowed

Santhosh.K.Thomas v. Mathew James.K.

Kerala HC27 Sept 2012OP(C)/1527/2012

Case brief

AI extract

What is this about?

The court permitted the judgment debtor to pay the decree debt in equal monthly instalments of Rs. 50,000/- starting from 15-10-2012. Upon compliance, the attached property shall not be sold, but default would lead to resumed sale proceedings.

What did the court decide?

Petitioner permitted to pay decree debt in equal monthly instalments of Rs. 50,000/- starting from 15-10-2012; attached property not to be sold on compliance.

Santhosh.K.Thomas Vs Mathew James.K. — 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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THURSDAY, THE 27TH DAY OF SEPTEMBER 2012/5TH ASWINA 1934

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OP(C).No. 1527 of 2012 (O)

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.NO./ IN OS.682/2007 of II ADDL.SUB COURT,ERNAKULAM

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PETITIONER:

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SANTHOSH.K.THOMAS, AGED 42 YEARS S/O.K.P.THOMAS, PROPRIETOR KIPS, 2ND FLOOR S.V.BUILDINGS, RAVIPURAM, COCHIN-682016.

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BY ADVS.SRI.VARGHESE C.KURIAKOSE SMT.RENJINI RAJENDRAN

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RESPONDENT(S):

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MATHEW JAMES.K. AGED 60 YEARS, S/O.K.M.MATHAI, 12-F LINK HEIGHTS, PANAMPILLY NAGAR, COCHIN-682036.

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RR BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) RR BY ADV. SRI.P.R.MILTON

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 27-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 1527 of 2012 (O)

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APPENDIX

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PETITIONERS EXHIBITS

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P1 COPY OF THE EXECUTION PETITION FILED BY THE RESPONDENT

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P2 COPY OF THE APPLICATION BEFORE THE EXECUTION COURT AS E.A. NO.97/2012 IN E.P NO.117/2011 IN O.S. NO.682/2007 ON THE FILES OF SUB COURT, ERNAKULAM

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P3 COPY OF THE ORDER IN E.P NO.117/2011 IN O.S. NO.682/2007 PASSED BY SUB COURT, ERNAKULAM DATED 14-3-2012

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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.1527 of 2012

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= = = = = = = = = = = == = = = = Dated this the 27^th day of September, 2012

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J U D G M E N T

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The petitioner/judgment debtor seeks a breathing time to pay off the decree debt in instalments to avert sale of the property attached in execution of a decree for money. There is no serious objection on behalf of the decree holder provided substantial payments are made every month since the decree debt exceeds Rs.10 lakhs as on today.

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I permit the petitioner to pay off the decree debt in

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equal monthly instalments of Rs. 50,000/- starting from 15-10-2012. The property proclaimed shall not be sold if the petitioner pays the amount in instalments as directed. The petitioner will lose the benefit of instalment facility if anyone instalment is defaulted. The respondent/decree holder would then be entitled to bring the property attached for sale. The amount already deposited by the judgment debtor in the execution court can also be withdrawn by the decree holder forthwith.

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No further directions are called for and the Original

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Petition (Civil) is disposed of.

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V.CHITAMBARESH. JUDGE

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smm

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Santhosh.K.Thomas v. Mathew James.K.

Case brief

What is this about?

What did the court decide?

Santhosh.K.Thomas v. Mathew James.K.

Case brief

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What did the court decide?

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