Disposed

Suhara v. Manajeri Housing Co-Opertive Society

Kerala HC7 Jun 2016OP(C)/970/2016

Case brief

AI extract

What is this about?

The High Court of Kerala, in a civil original petition, granted the judgment debtors an instalment facility to pay the execution decree amount over six months to save their residential property, directing the execution court to keep proceedings in abeyance pending compliance.

What did the court decide?

Six months instalment facility for execution amount; execution proceedings stayed pending payment; monthly hearings directed.

Suhara Vs Manajeri Housing Co-Opertive Society — 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 7TH DAY OF JUNE 2016/17TH JYAISHTA, 1938

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OP(C).No. 970 of 2016 (O)

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-------------------------AGAINST THE ORDER IN E.P.NO.94/2015 IN ARC 2633/2010 of SUB COURT, MANJERI DATED 14-03-2016

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PETITIONERS/JUDGMENT DEBTORS:

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1. SUHARA D/O.KARAKKADAN HAMSA, AGED 48 YEARS, THOTTOMPURATH HOUSE, KARAKKUNNU (P.O.), ERANAD TALUK, MALAPPURAM DISTRICT.

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2. BEERANKUTTY S/O.MUHAMMED, AGED 56 YEARS, THOTTOMPURATH HOUSE, KARAKKUNNU (P.O.), ERANAD TALUK, MALAPPURAM DISTRICT.

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BY ADVS.SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR

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RESPONDENT/DECREE HOLDER:

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MANJERI HOUSING CO-OPERTIVE SOCIETY REPRESENTED BY ITS SECRETARY, MANJERI (P.O.), MALAPPURAM DISTRICT - 676 121.

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R1 BY ADV. SRI.K.ABDUL JAWAD R1 BY ADV. SRI.MATHEW A KUZHALANADAN R1 BY ADV. SMT.V.K.ANJU R1 BY ADV. SMT.P.M.CIGY

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 07-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 970 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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----------------------EXT.P1: THE TRUE COPY OF EP 94/2015 FROM THE SUB COURT, MANJERI. EXT.P2: THE TRUE COPY OF THE PETITIONER'S COUNTER IN EXT.P1

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EXT.P3: THE TRUE COMPUTER GENERATED COPY OF THE ORDER DATED 14.3.2016 PASSED IN EXT.P1 EP.

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RESPONDENT(S)' EXHIBITS

NIL

/TRUE COPY/

VPS PS TO JUDGE

K.HARILAL, J.

O.P.(C) No.970 of 2016

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Dated this the 7^th day of June, 2016

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J U D G M E N T

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The petitioners herein are the judgment debtors in E.P.No.94 of 2015 in A.R.C. No.2633 of 2010 on the files of the

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Sub Judge, Manjeri. The limited relief prayed for, by the petitioners in this original petition is that they are ready and willing to pay the execution petition amount, within six months. But, the sale was done at a price below the market value and the respondent bid the property in auction. Though the delivery of the property is ordered, it has not effected so far. If the delivery is effected, the petitioners will be put to irreparable injury and great loss. Thus the petitioners are seeking indulgence of this Court by granting instalment facility to pay off the decree amount, so as to save their residential property and building.

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Heard the learned counsel for the petitioners and the

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learned counsel for the respondent.

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The learned counsel for the respondent submits that a

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O.P.(C) No.970/2016

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reasonable time can be granted to pay off the debt amount, but, they have to pay the decree amount with interest till the date of actual payment. The learned counsel for the petitioners agrees with the said submission. Thus, in view of the submissions at the Bar, this original petition will stand disposed of with the following terms.

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(i) The petitioners are allowed to pay the decree amount with interest by six instalments of equal amount and each instalment shall be paid in the first week of every month.

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(ii) In the event of failure of the petitioners, in paying any of the instalments within the specified time, this instalment facility will stand automatically cancelled.

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(iii) The execution court is directed to keep further proceedings, in the execution petition, in abeyance for a period of six months from today; if the petitioners pay the instalments, without failure.

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(iv) The petitioners shall pay the first instalment in the first week of July, 2016.

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(v) The execution court is further directed to post the execution petition on the 7^th of every month, or next working

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O.P.(C) No.970/2016

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day, in case, 7^th is not a working day, so as to ascertain the payment of instalments and proceed further, in case the petitioners fail to pay instalments within the specified time.

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K.HARILAL,

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(JUDGE)

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vps

Suhara v. Manajeri Housing Co-Opertive Society

Case brief

What is this about?

What did the court decide?

Suhara v. Manajeri Housing Co-Opertive Society

Case brief

What is this about?

What did the court decide?

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