Disposed

Ramani v. Subscribers Chits Pvt. Ltd.

Kerala HC13 Dec 2017OP(C)/3153/2017

Case brief

AI extract

What is this about?

The High Court of Kerala valued the petitioner’s undertaking to pay the decree debt in ten equal monthly instalments. It granted a ten-month respite from 10th January 2018, deferring further execution proceedings on the condition of full payment.

What did the court decide?

Petitioner granted ten months from 10.1.2018 to pay decree dues in ten equal monthly instalments; execution proceedings deferred pending payment.

Ramani Vs Subscribers Chits Pvt. Ltd. — Execution and Attachment | Kerala HC (2017)

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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 ALEXANDER THOMAS

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WEDNESDAY, THE 13TH DAY OF DECEMBER 2017/22ND AGRAHAYANA, 1939

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OP(C).No. 3153 of 2017 (O)

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OS 790/2012 of ADDL.SUB COURT, IRINJALAKUDA

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PETITIONER/IST JUDGMENT DEBTOR:

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RAMANI, W/O UNNIKRISHNAN, MULLANGATH,KAZHUVILANGU DESOM, KOOLIMUTTOM VILLAGE, KODUNGALLUR THALUK, THRISSUR DISTRICT.

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BY ADVS.SRI.K.S.RAJESH

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SRI.M.SHAJU PURUSHOTHAMAN

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RESPONDENT/DECREE HOLDER:

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SUBSCRIBERS CHITS PVT. LTD, CHAMBUKAVU,THRISSUR DISTRICT,PIN-680 020, REPRESENTED BY IT'S MANAGING DIRECTOR.

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R1 BY ADVS. SRI.LINDONS C.DAVIS SMT.E.U.DHANYA

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SRI.RAJITH DAVIS

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 3153 of 2017 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 A TRUE COPY OF THE EXECUTI0N PETITION E.P.NO.170/2014 IN O.S.790/2012 DATED 21.5.2014 OF THE ADDITIONAL SUB COURT,IRINJALAKUDA FILED BY THE RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PETITION EA.NO.459/2017 DATED 7.7.2017 IN EP 170/2014 IN OS 790/2012 OF THE ADDITIONAL SUB COURT,IRINJALAKUDA FILED BY THE RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL -----------------------

//TRUE COPY//

PA TO JUDGE

ALEXANDER THOMAS, J.

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================== O.P(C).No. 3153 of 2017

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

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Dated this the 13^th day of December, 017 J U D G M E N T

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The amended main prayer in this petition filed under the enabling provisions contained in Art.227 of the Constitution of India is as follows:

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“Pass an order permitting the petitioner to clear entire decree debt in E.P.170/2014 in O.S.790/2012 of the Additional Sub Court, Irinjalakuda in ten equal monthly instalments and till then, all further execution proceedings may be kept in abeyance in the interest of justice.”

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Heard Sri.K.S.Rajesh, learned counsel appearing for the petitioner/ 1^st judgment debtor and Sri.Lindons C.Davis, learned counsel appearing for the respondent/decree holder.

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On 14.11.2017 this Court had passed an interim order granting stay of all further proceedings in E.P.No.170/2014 in O.S.No. 790/2012 on the file of the Addl. Sub Court, Irinjalakuda, for a period of one month on condition that the petitioner deposits a sum of Rs.1,50,000/- before the execution court on or before 30.11.2017. Sri.K.S.Rajesh, learned counsel appearing for the petitioner submits on the basis of the instructions of his party that the petitioner has already complied with the said interim order dated 14.11.2017 by deposing a sum of Rs.1,50,000/- before the execution court within the time limit. Further Sri.K.S.Rajesh, learned counsel appearing for the petitioner submits on the basis of the instructions of his party that the petitioner would pay the entire balance amounts due as per the decree directly to the respondent within 10 months and in 10 equal monthly instalments, starting from 10^th January, 2018 and that the execution proceedings may be ordered to be kept in abeyance, until the expiry of the said time limit.

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O.P(C)3153/17 - : 2 :-

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The said undertaking made on behalf of the petitioner is recorded. Accordingly, it is ordered that the petitioner is given time by ten months from 10.1.2018 to pay the entire due amounts covered by the decree in ten equal monthly instalments and until the expiry of the said time limit, all further proceedings in E.P.No.170/2014 in O.S.No. 790/2012 on the file of the Addl. Sub Court, Irinjalakuda, shall stand deferred. In case the petitioner does not pay the entire due amounts as now undertaken, then the court below will proceed with execution proceedings, after the expiry of the said time limit.

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Sri.Lindons C.Davis, learned counsel appearing for the respondent/ decree holder would submit on the basis of the instructions of his party that in the execution proceedings the respondent herein has produced stamp papers worth Rs.55,200/- for confirmation of the sale, etc. The learned counsel appearing for the petitioner would submit that after payment of the entire due amount within the abovesaid undertaken time limit, the petitioner also will pay the said amount covering the value of the stamp papers to the respondent on condition that the property should be reconveyed to the petitioner at the cost of the petitioner.

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With these observations and directions, the aforecaptioned Original Petition (Civil) stands finally disposed of.

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Sd/sdk+ ALEXANDER THOMAS, JUDGE ///True Copy///

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P.S. to Judge

Ramani v. Subscribers Chits Pvt. Ltd.

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Ramani v. Subscribers Chits Pvt. Ltd.

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