In an execution petition, the petitioner, a garnishee holding funds from the judgment debtor in another suit, was directed by the High Court to deposit the decretal amount with the execution court within 15 days to facilitate payment to creditors.
Petitioner directed to deposit the said amount within 15 days from today.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 24TH DAY OF JANUARY 2014/4TH MAGHA, 1935
OP(C).No. 4448 of 2013 (O)
E.A.No.196/2012 IN E.P.No.417/2008 IN OS 137/2006 of PRINCIPAL SUB COURT, ERNAKULAM
PETITIONER(S) :-
P.MADHUSOODANA MENON AGED 55 YEARS S/O.C.SANKARA MENON, ADVOCATE LAXMI NIVAS IRINJALAKUDA - 680 121.
BY ADVS.SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S) :-
1. C.R.UNNIKRISHNAN, S/O.RAVUNNI MENON, RESIDING AT CHELAYIL HOUSE, PALLURUTHY P.O., ERNAKULAM DISTRICT - 682 006.
2. BISWANTH, S/O.LATE T.P.MENON REP. BY POWER OF ATTORNEY HOLDER P.MADHUSOODANA MENON ADVOCATE LAXMI NIVAS, IRINJALAKUDA 680 121.
3. BIJITH, S/O.LATE T.P.MENON REP. BY POWER OF ATTORNEY HOLDER P.MADHUSOODANA MENON ADVOCATE LAXMI NIVAS, IRINJALAKUDA - 680 121.
4. PEETHU, D/O.LATE T.P.MENON REP BY POWER OF ATTORNEY HOLDER P.MADUSOODANA MENON ADVOCATE LAXMI NIVAS, IRINJALAKUDA - 680 121.
R1 BY ADV. SRI.B.RAMACHANDRAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 24-012014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
OP(C).No. 4448 of 2013 (O)
APPENDIX
PETITIONER(S)' EXHIBITS :-
EXT.P-1: A TRUE COPY OF THE E A NO.196/2012 IN E P NO.417/08 IN O.S.NO.137/06 DATED 21.2.2012 ON THE FILE OF THE PRL.SUB COURT, ERNAKULAM.
EXT.P-2: A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER HEREIN TO EXT.P1 DATED 17.3.2012.
EXT.P-3: A TRUE COPY OF THE ORDER PASSED IN E A NO.196/2012 IN E P NO.417/08 IN O S NO.137/06 DATED 11.10.2013 ON THE FILE OF THE PRL.SUB COURT, ERNAKULAM.
RESPONDENT(S)' EXHIBITS :-
EXT.R1(A) : A TRUE COPY OF AWARD DATED 8.1.2010 IN O.S.NO.322/ 2008 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT R1(a).
EXT.R1(B) : TRUE COPY OF E.A.No.820/2013 DATED 26.10.2013.
EXT.R1(C) : TRUE COPY OF OBJECTION DATED 31.10.2013 IN E.A.No. 820/2013 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT R1(C).
//TRUE COPY//
P.A. TO JUDGE
N.K.BALAKRISHNAN, J. -------------------------------O.P.(C). No.4448 of 2013
Dated this the 24th day of January 2014
J U D G M E N T
Execution petition has been filed to execute the decree in O.S.No.137/2006. The amount due to the Decree Holder comes to Rs.4,85,000/- with interest if any. The petitioner herein is a garnishee.
This OP(C) is disposed of as above.
Sd/N.K.BALAKRISHNAN, J UDGE.
Jvt
1 issue framed by the court
Whether the garnishee petitioner must deposit the amount covered by the present execution decree with the execution court given an entrustment in another suit.
P.MADHUSOODANA MENON
C.R.UNNIKRISHNAN
BISWANTH
BIJITH
PEETHU
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
