Remanded

T.D. Paul v. Guruvijaya Kuri Co. Ltd.

Kerala HC19 Dec 2012OP(C)/3898/2012

Case brief

AI extract

What is this about?

The High Court of Kerala, on an application, directed the Principal Munsiff, Trissur, to consider an execution application to recall a warrant of arrest and grant easy instalments within one month, staying the warrant's enforcement till order.

What did the court decide?

Stayed enforcement of arrest warrant; directed Principal Munsiff, Trissur, to consider the execution application for recall of warrant and early consideration of request for easy instalments within on

T.D. Paul Vs Guruvijaya Kuri Co. Ltd. — 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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WEDNESDAY, THE 19TH DAY OF DECEMBER 2012/28TH AGRAHAYANA 1934

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OP(C).No. 3898 of 2012 (O)

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EP.NO.1082/2011 IN OS.56/2009 of PRL.MUNSIFF COURT,THRISSUR

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PETITIONER(S):

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T.D. PAUL, AGED 55 YEARS S/O.THARAYIL VEETTIL DEVASSY, CHIYYARAM VILLAGE CHELAKKOTTUKKARA DESOM,THRISSUR TALUK.

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BY ADVS.SRI.DINESH MATHEW J.MURICKEN SRI.P.V.BALAKRISHNAN

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RESPONDENT(S):

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GURUVIJAYA KURI CO. LTD.

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GURUVIJAYA TOWER,PALIYAM ROAD, NEAR NORTH BUS STAND THRISSUR - 680 001, REPRESENTED BY ITS CHAIRMAN K.V.BALAN.

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RR BY ADV. SRI.P.V.CHANDRA MOHAN

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN O.P.(C) NO.3898/2012

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PETITIONER(S) EXHIBITS

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EXHIBIT-P1- TRUE COPY OF THE DECREE IN O.S 56/2009 PASSED BY THE MUNSIFF COURT, THRISSUR DATED 13/09/2010.

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EXHIBIT-P2- TRUE COPY OF THE E.P 1082/2011 IN O.S 56/2009 ON THE FILE OF MUNSIFF COURT, THRISSUR.

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EXHIBIT-P3- TRUE COPY OF THE OBJECTION IN E.P 1082/2011 IN O.S 56/2009 FILED BY THE PETITIONER DATED 09/11/2011.

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EXHIBIT-P4- TRUE COPY OF THE OBJECTION IN E.P 1082/2011 IN O.S 56/2009 FILED BY THE 2ND JUDGMENT DEBTOR DATED 09/11/2011.

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EXHIBIT-P5- TRUE COPY OF THE ORDER PASSED IN E.P 1082/2011 IN O.S 56/2009 BY THE PRINCIPAL MUNSIFF COURT, THRISSUR DATED 23/07/2012.

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EXHIBIT-P6- TRUE COPY OF THE E.A 2211/2012 IN E.P 1082/2011 ON THE FILE OF MUNSIFF COURT, THRISSUR DATED 22/10/2012.

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EXHIBIT-P7- TRUE COPY OF THE TREATMENT RECORD OF THE PETITIONER'S WIFE ISSUED BY THE REGIONAL CANCER CENTRE.

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//TRUE COPY//

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P.S. TO JUDGE.

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V.CHITAMBARESH, J.

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O.P.(C) No. 3898 of 2012

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Dated this the 19^th day of December, 2012

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J U D G M E N T

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The only prayer urged at the time of hearing is for an early consideration of an execution application filed to recall the warrant of arrest passed in execution of a decree for money. The petitioner/first judgment debtor has given up his plea of 'no means' and is rest contended with an order permitting him to repay the decree debt in easy instalments.

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I direct the court of the Principal Munsiff of Thrissur to consider E.A.No.2211/2012 in E.P.No.1082/2011 in O.S.No.56/2009 on its file. The same shall be considered within a period of one month from the date of receipt of a copy of this judgment. The prayer for easy instalments to repay the decree debt in O.S.No.56/2009 shall also be considered by the court of the Principal Munsiff of Thrissur.

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The warrant of arrest issued against the petitioner in E.P.No.1082/2011 in O.S.No.56/2009 shall not be enforced till

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O.P.(C) NO.3898/2012

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orders are passed on E.A.No.2211/2012 in E.P.No.1082/2011 as

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directed above.

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The original petition is disposed of as above.

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V.CHITAMBARESH, Judge.

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nj.

T.D. Paul v. Guruvijaya Kuri Co. Ltd.

Case brief

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T.D. Paul v. Guruvijaya Kuri Co. Ltd.

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