The High Court of Kerala granted the petitioner a further time limit of two months from 2017 to pay a sum of Rs. 3,60,000 to the 1st respondent. Execution of coercive steps under the impugned judgment was deferred until this period expired.
Time granted for payment; coercive steps deferred.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 13TH DAY OF JANUARY 2017/23RD POUSHA, 1938
WP(C).No. 35037 of 2016 (D)
ST.NO. 59/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I,KANJIRAPPALLY
PETITIONER :
JOSEKUTTY JOHN, S/O. JOHN MATHAI, AMMOOTTUKUNNEL HOUSE, THALUNKAL P.O., KOOTTICKAL.
BY ADVS.SRI.LIJI.J.VADAKEDOM SMT.REXY ELIZABETH THOMAS SRI.RAJEEV JYOTHISH GEORGE
RESPONDENT(S):
1. SHAIJU P.JOSEPH, S/O. JOSEPH, PALATHINAL (H), CHITTADI P.O., THRIVENI BHAGOM, EDAKKUNNAM-686 031
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
R1 BY ADV. SRI.K.R.SUNIL
R2 BY SR GOVERNMENT PLEADER SRI.SAIGI JACOB PALATTY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 35037 of 2016 (D)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT. P1 THE COPY OF THE NOTICE DATED 19.12.2013 ISSUED TO THE PETITIONER/ACCUSED.
EXT. P2 THE CERTIFIED COPY OF THE JUDGMENT DATED 24.8.2015 IN S.T. NO. 59/14 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KANJIRAPPALLY.
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
ALEXANDER THOMAS, J.
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W.P.(C).No. 35037 of 2016
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Dated this the 13th day of January, 2017 J U D G M E N T
The prayers in this Writ Petition (Civil) are as follows:
Or in the alternative
2. When the matter was taken up for consideration today,
Sri.Liji J.Vadakkedath, learned counsel appearing for the petitioner submits on the basis of the instructions from his party, that the petitioner seeks only a further time by 2 months from today for making the payment of the total amount of Rs.3,60,000/- (Rupees three lakhs and sixty thousand only) and that until then, the impugned coercive steps taken against the petitioner in pursuance of the execution of the impugned Ext.P-2 judgment may be directed to be kept in abeyance. Sri.K.R.Sunil, learned counsel appearing for the 1st respondent complainant submits that his party has no objections in the grant of the said prayer, provided the said amount
W.P.(C).35037/16 - : 2 :-
is paid without any further delay, at any rate, within the abovesaid time limit of 2 months.
With these observations and directions, the Writ Petition (Civil) stands finally disposed of.
sdk+
Sd/ALEXANDER THOMAS, JUDGE
///True Copy///
P.S. to Judge
W.P.(C).35037/16 - : 3 :-
Josekutty John
Shaiju P. Joseph
State of Kerala
Alexander Thomas
As recorded by the court registry
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