The Court dismissed this matrimonial appeal, directing the appellant to pay a partial sum within two months and granting an extension to complete the settlement before the National Lok Adalath to defer execution proceedings.
Appellant directed to pay Rs. 50,000 by 30/08/2017 and balance Rs. 3 lakhs by 16/10/2017; execution deferred.
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 A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 23RD DAY OF AUGUST 2017/1ST BHADRA, 1939 Mat.Appeal.No. 844 of 2014 () ------------------------------
AGAINST THE ORDER/JUDGMENT IN OP 141/2012 of FAMILY COURT, THODUPUZHA DATED 21/6/2014
APPELLANT/RESPONDENT:
RAMAKRISHNAN,AGED 65 YEARS, S/O.KELA @ GOPALAN,NILAPPURAYIL HOUSE, KOOVAKANDAM P.O,POOMALA KARA, VELLIYAMATTOM VILLAGE,THODUPUZHA, IDUKKI DISTRICT.
BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G SRI.DIPU JAMES
RESPONDENT/PETITIONER:
LEELA D/O. GOVINDAN,AGED 63 YEARS, NILAPPURAYIL HOUSE, KOOVAKANDAM P.O,POOMALA KARA, VELLIYAMATTOM VILLAGE,NOW RESIDING AT MANJAPPILLIL HOUSE, CHAKKAMPUZHA P.O,VELLIPPILLIL VILLAGE, KOTTAYAM DISTRICT 686 574
R1 BY ADV. SRI.ROY CHACKO R1 BY ADV. SRI.P.S.GEORGE R1 BY ADV. SRI.K.C.VINCENT
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 23-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.M. SHAFFIQUE & P.SOMARAJAN, JJ.
========================== Mat.Appeal No. 844 of 2014
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Dated this, the 23rd day of August, 2017
J U D G M E N T
Shaffique, J.
It is now brought to the notice of this Court that an Execution Petition as EP No.9/16 has been filed to execute the decree in OP No.141/12. While the matter was pending in execution, parties decided to settle the disputes covered by the judgment in terms of settlement before the National Lok Adalath. It was therefore agreed to settle the case by payment of 7.50 lakhs. The appellant/judgment debtor agreed to pay 3 lakhs on or before 31/1/2017 and the balance amount on or before 30/4/2017. It was also agreed to give back an almirah which was kept in the house of the appellant. Learned counsel appearing on either side submits that the appellant did not comply with the aforesaid directions. However, an amount of `4 lakhs was paid on different dates of
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which 1 lakh was paid on 15/3/2017, 2,50,000/- on 8/4/2017 and `50,000/- on 29/7/2017. Since the appellant did not comply with the directions as per the Award in full, execution had proceeded and it is posted for delivery on 25/8/2017.
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be granted to the appellant to comply with the directions.
(i) That the appellant shall pay an amount of `50,000/on or before 30/8/2017.
(ii) Appellant shall pay the balance amount of `3 lakhs on or before 16/10/2017.
(iii) The Execution Court shall defer delivery of the property if the payments are made as stated above, failing which, it shall be open for the Execution Court to proceed further in accordance with law.
Appeal is dismissed with the above direction.
Sd/-
A.M. SHAFFIQUE, JUDGE
Sd/-
P.SOMARAJAN, JUDGE
Rp23/8/2017
//True Copy//
PS TO Judge
Ramakrishnan
Leela
A.M. Shaffique
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
