Allowed

David Laly v. James Joseph

Kerala HC19 Dec 2018OP(C)/1985/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a civil petition for execution of a money decree by granting the petitioner a facility to wipe off the debt and costs in ten equal monthly instalments, noting his incarceration for the past two years.

What did the court decide?

Permission granted to wipe off the entire decree debt with interest and costs in ten equal monthly instalments commencing from 15.01.2019.

David Laly Vs James Joseph — Execution and Attachment | Kerala HC (2018)

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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 SATHISH NINAN

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WEDNESDAY,THE 19TH DAY OF DECEMBER 2018 / 28TH AGRAHAYANA, 1940

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OP(C).No. 1985 of 2018

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PETITIONER/S:

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DAVID LALY AGED 56 YEARS, S/O.DAVID.J.,SHARON, B-4, CHOICE GARDEN, TOC-H ROAD, VYTILLA JANATHA, ERNAKULAM.

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BY ADVS. SRI.T.M.RAMAN KARTHA SMT.K.BINUMOLE THOMAS

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RESPONDENT/S:

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JAMES JOSEPH AGED 58 YEARS, S/O.JOSEPH,KOONANIKKAL, PERIYAPURAM P.O.-686 667, ONAKKUR VILLAGE, MUVATTUPUZHA,ERNAKULAM DISTRICT.

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BY ADVS. SRI.ANIL XAVIER SRI.GEORGE G.POOTHICOTE SRI.M.RISHIKESH SHENOY SMT.S.SMITHA (PRASANTH)

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(C).No. 1985 of 2018

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JUDGMENT

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In execution of a decree for money, warrant of arrest and

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detention was ordered against the petitioner, who is the first

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judgment debtor.

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Heard the learned counsel on either sides.

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It is submitted that the petitioner was in jail for the

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past two years and hence he needs sometime to wipe off the

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decree debt. The learned counsel appearing for the petitioner prays that reasonable instalment facility may be granted to the petitioner. I am of the opinion that reasonable instalment facility could be granted to the petitioner.

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In the result, this original petition is disposed of permitting the petitioner to wipe off the entire decree debt

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with interest and costs in 'ten' equal monthly instalments commencing from 15.01.2019.

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It is made clear that, in case of default in payment of any

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OP(C).No. 1985 of 2018

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single instalment, petitioner shall not be entitled to the facility

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granted under this judgment and further proceedings in

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execution shall continue.

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Sd/- SATHISH NINAN, JUDGE

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AMV/19/12/2018

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OP(C).No. 1985 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE SETTLEMENT AGREEMENT DATED 3/12/2013 BETWEEN PETITIONER AND THE RESPONDENT.
EXHIBIT P2	TRUE COPY OF THE MEMORANDUM OF E.P.173/2015 FILED BY THE RESPONDENT BEFORE THE DISTRICT COURT, ERNAKULAM.
EXHIBIT P3	A TRUE COPY OF THE PROCEEDINGS DATED 26/04/2018 ISSUED BY THE DIRECTOR
	GENERAL OF PRISON & CORRECTIONAL SERVICES DEPT.
EXHIBIT P4	TRUE COPY OF THE MEDICAL RECORDS ISSUED BY THE MEDICAL BOARD REGARDING THE HEALTH OF THE PETITIONER.
EXHIBIT P5	TRUE COPY OF THE DISCHARGE SUMMARY AND FINAL BILL ISSUED TO THE PETITIONER BY THE SUDHEENDRA MEDICAL MISSION HOSPITAL ON 25/7/2018.
EXHIBIT P6	TRUE COPY OF THE APPLICATION DT.24/7/2018 FILED BY THE PETITIONER IN EP NO.173/2015.
EXHIBIT P7	TRUE COPY OF THE APPLICATION TO RECALL WARRANT OF ARREST DT.24/7/2018 FILED BY
	THE PETITIONER ON 24/7/2018 IN EP NO.173/2015.
EXHIBIT P8	TRUE COPY OF THE AFFIDAVIT DT.25/7/2018
	FILED BY THE PETITIONER IN EP NO.173/2015.
EXHIBIT P9	TRUE COPY OF THE AFFIDAVIT DT.29/7/2018
	FILED BY THE PETITIONER IN EP
	NO.173/2015.

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RESPONDENTS EXHIBITS : NIL

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TRUE COPY P.A.TO JUDGE

David Laly v. James Joseph

Case brief

What is this about?

What did the court decide?

David Laly v. James Joseph

Case brief

What is this about?

What did the court decide?

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