Disposed

Sheik Musthafa v. Njanavel

Kerala HC15 Jul 2016OP(C)/1218/2015

Case brief

AI extract

What is this about?

The Court disposed of an Original Petition challenging an order rejecting a prayer for 25 instalments. The Court granted permission to pay the decree amount in four equal monthly instalments by 15th of every month from August 2016, posting the execution petition periodically to ascertain payments.

What did the court decide?

Permission granted to pay decree amount by four equal monthly instalments payable by the 15th of every month starting from 15th August 2016, with execution kept in abeyance upon compliance.

Sheik Musthafa Vs Njanavel — Execution and Attachment | Kerala HC (2016)

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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 K.HARILAL

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FRIDAY, THE 15TH DAY OF JULY 2016/24TH ASHADHA, 1938

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OP(C).No. 1218 of 2015 (O)

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--------------------------(EA.NO.12/2015 IN EP.NO.67/2009 IN OS.NO.2/2004 OF MUNSIFF COURT, CHITTUR)

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PETITIONER :

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SHEIK MUSTHAFA, S/O. SHAHUL HAMEED, ATTAYAMPATHY, MUTHALAMADA VILLAGE, PALAKKAD.

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BY ADV. SRI.P.R.VENKETESH

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RESPONDENT :

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NJANAVEL, S/O. NATARAJAN CHETTIAR, ATTAYAMPATHY, MUTHALAMADA CHITTUR TALUK, PIN-678 507

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 15-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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OP(C).No. 1218 of 2015 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1TURE COPY OF THE JUDGMENT DATED 10.12.2014 IN OP(C).NO.2942/2014 OF THIS HON'BLE COURT

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P2TRUE COPY OF THE APPLICATION DATED 3.2.2015 FILED BEFORE THE MUNSIFF COURT, CHITTUR EA.NO.12/2015 IN EP.NO.67/09

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P3TRUE COPY OF THE STATEMENT DATED 11.2.2015 FILED BY THE PETITIONER BEFORE TEH MUNSIFF COURT, CHITTUR, OS.NO.2/2004 IN EP.NO.67/09

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P4TRUE COPY OF EP FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, CHITTUR, EP.NO.67/09 IN OS.NO.2/2004

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P5TRUE COPY OF THE ORDER DATED 11.2.2015 IN EA NO.12/2015 IN EP NO.67/2009 OF THE MUNSIFF COURT, CHITTUR.

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

K. HARILAL, J.

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Original Petition (Civil) No.1218 of 2015

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===============================

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Dated this the 15^th day of July, 2016

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JUDGMENT

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This Original Petition (Civil) has been filed challenging the order passed in E.A. No.12 of 2015 in E.P. No.67 of 2009 on the files of the Munsiff's Court, Chittur. The petitioner is the Judgment Debtor facing proceedings under Order 21 Rule 37 of the Code of Civil Procedure. Before the Execution Court, the petitioner prayed for a permission to pay the decree amount by 25 instalments. But, the court below rejected the said prayer and granted permission to pay the decree amount by 8 instalments.

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Being aggrieved, this Original Petition (Civil) is filed challenging Ext.P5 order. Though this Original Petition (Civil) has been filed on various grounds challenging the merits of the order, the learned counsel for the petitioner sought for some time to pay the decree amount by instalments.

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Even though, notice has been duly served to the respondent, he has not chosen to enter appearance before this Court to defend this Original Petition (Civil).

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O.P. (C) No.1218 of 2015 2

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Having regard to the entire facts and

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circumstances of this case, the petitioner has been given 4 months time to pay the decree amount by four equal monthly instalments payable before 15^th of every month starting from 15^th of August, 2016. In case of default, this instalment facility will stand automatically cancelled and the Execution Court is liable to proceed with the E.P. for realisation of the entire amount in lump sum. On compliance of the aforesaid condition, the execution proceedings shall be kept in abeyance till the time provided to pay the 4^th instalment. The Execution Petition shall be posted to a day in between 15^th and 20^th of every month, so as to ascertain the prompt payment of instalment.

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This Original Petition (Civil) is disposed of accordingly.

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K. HARILAL,JUDGE

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SKV

Sheik Musthafa v. Njanavel

Case brief

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What did the court decide?

Sheik Musthafa v. Njanavel

Case brief

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