Allowed

Mr.George Vaidhyan v. Mr.Koshy Vaidhyan

Kerala HC21 Jun 2016OP(C)/1340/2016

Case brief

AI extract

What is this about?

The single judge granted the petitioner six months to pay the decree amount in six equal monthly instalments. Failure to pay any instalment results in automatic cancellation and resumption of execution proceedings for lump sum recovery. The execution petition is kept in abeyance upon compliance.

What did the court decide?

Six months time granted to pay the decree amount in six equal monthly instalments; execution proceeding stayed pending payment.

Mr.George Vaidhyan Vs Mr.Koshy Vaidhyan — 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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TUESDAY, THE 21ST DAY OF JUNE 2016/31ST JYAISHTA, 1938

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OP(C).No. 1340 of 2016 (O)

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EP. 15/2013 IN OS. 562/2008 OF SUB COURT, KARUNAGAPPALLY

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PETITIONER(S):

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MR.GEORGE VAIDHYAN, AGED 57 YEARS, S/O. KOCHU KOSHY VAIDHYAN, RESIDING AT THENGUMVILAYIL VEEDU, KIZHAKKEKARA, MYNAGAPPALLY VILLAGE, KUNNATHOOT TALUK, KOLLAM DISTRICT.

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BY ADV. SRI.S.SREEKUMAR (KOLLAM)

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RESPONDENT(S):

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MR.KOSHY VAIDHYAN, AGED 60 YEARS, S/O. KOCHUTHOMAN VAIDHYAN, RESIDING AT VAYAL ERAKKATHU PUTHEN VEEDU, KADAPPA MURI, MYNAGAPPALLY VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT-690 579.

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BY ADV. SRI.ABRAHAM THOMAS (PUTHURAN)

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 21-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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OP(C).No. 1340 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 A COPY OF THE ORDER DTD.1.4.2016 IN EP NO.15/2013 IN OS NO.562/2008 OF THE SUB COURT, KARUNAGAPPALLY.

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RESPONDENT(S)' EXHIBITS:

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------------------------

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

K.HARILAL, J.

O.P.(C). No.1340 of 2016

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Dated this the 21^st day of June, 2016

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JUDGMENT

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The petitioner is the judgment debtor and the respondent is the decree holder in E.P.No.15/13 in O.S. No.562/08 of the Sub Court, Karunagappally. This original petition is filed seeking stay of Ext.P1 order granting confirmation to the sale in E.P.No.15/13 in the aforesaid suit and also for some time to pay the

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decree amount in instalments.

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Heard the learned counsel for the petitioner and the learned counsel for the respondent.

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The learned counsel for the petitioner submits that the petitioner is ready and willing to pay the decree amount and he wants some time to pay the same. The learned counsel for the respondent submits that a reasonable time alone can be granted to the petitioner to pay the decree amount.

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OP(C).1340/16 :2:

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Having regard to the submissions made at the Bar, the petitioner is given six months time to pay the decree amount by 6 equal monthly instalments, payable within the 1^st week of every month starting from 1^st August 2016. In the event of failure to pay any of the instalments within the time specified above, this instalment facility will stand automatically cancelled and the Execution Court is liable to proceed with the E.P. to realise the entire amount in lump sum. On compliance of the said condition without failure, the E.P. shall be kept in abeyance till the expiration of the last day for paying 6^th instalment. The E.P. shall be posted on the 10^th or next working day, if 10^th is a holiday, of every month so as to ascertain the payment of instalment.

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This original petition is disposed of accordingly.

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Sd/-

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K. HARILAL, JUDGE

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okb/21.6

Mr.George Vaidhyan v. Mr.Koshy Vaidhyan

Case brief

What is this about?

What did the court decide?

Mr.George Vaidhyan v. Mr.Koshy Vaidhyan

Case brief

What is this about?

What did the court decide?

What the court decided

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