Disposed

Ponnan P.P v. North Malabar Gramin Bank

Kerala HC1 Feb 2016OP(C)/314/2016

Case brief

AI extract

What is this about?

In this execution petition filed by a nationalised bank against an ex parte decree-holder, the Kerala High Court stayed the execution proceedings conditionally, directing the petitioner to deposit the decree amount in the executing court within two weeks.

What did the court decide?

The execution proceedings were stayed pending deposit of the decree amount in the executing court within two weeks from the date of the order.

Ponnan P.P Vs North Malabar Gramin Bank — 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.ABRAHAM MATHEW

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MONDAY, THE 1ST DAY OF FEBRUARY 2016/12TH MAGHA, 1937

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OP(C).No. 314 of 2016 (O)

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OS 193/2011 OF SUB COURT, MAVELIKKARA

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PETITIONER(S):

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

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PONNAN P.P., AGED 52 YEARS S/O. PADMANABHAN, PALLIYAMBIL, PUNNAMOOD, MAVELIKKARA P.O., ALAPPUZHA DISTRICT.

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BY ADVS.SRI.K.SHAJ

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SRI.SAJJU.S SRI.RENJIT GEORGE SMT.ANJU MOHAN SRI.S.VISHNU (ARIKKATTIL)

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RESPONDENT(S):

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

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1. THE NORTH MALABAR GRAMIN BANK,

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MAVELIKKARA BRANCH, REPRESENTED BY THE MANAGER, NORTH MALABAR GRAMIN BANK, MAVELIKKARA BRANCH,

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MAVELIKKARA P.O., ALAPPUZHA DISTRICT.

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2. GIRIJAMMA, AGED 42 YEARS,

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W/O. RAJI, PUNCHIRI VEEDU, PONAKAM,

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MAVELIKKARA P.O., ALAPPUZHA DISTRICT.

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3. LALITHAKUMARI, AGED 41 YEARS, W/O. KRISHNAKUMAR P., KAVUNGAL HOUSE, KANDIYOOR,

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THETTARAMBALAM, MAVELIKKARA P.O., ALAPPUZHA DISTRICT.

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R1 BY ADV. SRI.MOHAN C.MENON, SC

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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OP(C).No. 314 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1- TRUE COPY OF THE PLAINT IN OS.NO. 193/2011 OF THE SUB-COURT, MAVELIKKARA.

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EXHIBIT P2- TRUE COPY OF THE EXPARTE DECREE DATED 21-12-2013 IN O.S.NO. 193/2011.

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EXHIBIT P3- TRUE COPY OF THE EXPARTE JUDGMENT DATED 21-12-2013 IN OS.NO. 193/2011.

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EXHIBIT P4- TRUE COPY OF THE APPLICATION DATED 11-11-2015 IN O.S.NO. 193/2011 FILED BY THE PETITIONER FOR SETTING ASIDE THE EXPARTE DECREE.

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EXHIBIT P5- TRUE COPY OF THE APPLICATION DATED 11-11-2015 IN O.S.NO. 193/2011 FILED BY THE PETITIONER FOR CONDONATION OF DELAY.

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EXHIBIT P6- TRUE COPY OF E.P.NO. 06/2015 IN O.S.NO. 193/2011 BEFORE THE SUB-COURT MAVELIKKARA.

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.S.TO JUDGE

Ms v/

K.ABRAHAM MATHEW J.

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O.P.(C)No.314 of 2016

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Dated this the 1^st day of February, 2016

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JUDGMENT

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The petitioner was the first defendant in O.S.No.193 of 2011 of Sub Court, Mavelikkara. A money decree has been passed against him. The respondent has filed E.P.No.6 of 2015 for realisation of the amount. About two years after the passing of the ex parte decree the petitioner has filed an application to set aside the ex parte decree along with an application to condone the delay. The prayer in this Original Petition is to stay the proceedings in the execution court till the disposal of Exts P4 and P5.

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2. Heard both sides.

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The proceedings in the execution shall stand stayed if the petitioner deposits in the executing court the amount payable under the decree within two weeks from today, failing which the executing court can proceed with the execution. The execution will not be levied for two weeks from today. If the amount is deposited with the court, it shall be deposited in a nationalised bank for appropriate period.

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This Original Petition is closed.

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Sd/- K.ABRAHAM MATHEW JUDGE

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cms

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/True copy/ P.S.to Judge

Ponnan P.P v. North Malabar Gramin Bank

Case brief

What is this about?

What did the court decide?

Ponnan P.P v. North Malabar Gramin Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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