In an execution petition, the Court allowed the petitioner to pay the decree amount in 12 equal monthly installments. Execution proceedings are stayed contingent upon timely payment, with automatic recall of stay upon default.
Petitioner directed to pay balance decree amount in 12 equal monthly installments; execution proceedings stayed conditionally.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 16TH DAY OF MARCH 2018 / 25TH PHALGUNA, 1939
(AGAINST ORDER DATED 21.10.2016 IN EP 412/2015 IN OS NO.410/2013 OF THE COURT OF 1ST ADDL.SUB JUDGE, KOZHIKODE)
PETITIONER(S)/JUDGMENT DEBTOR
K. PRABITHA AGED 50 YEARS, D/O CHATHUKUTTY, LIC AGENT, KOVILAKAM PARAMBU (H), THIRUVACHIRA, PANNIYANKARA AMSOM, PANNIYANKARA DESOM, ARTS COLLEGE P.O., KOZHIKODE TALUK, KOZHIKODE-673018.
BY ADVS.SRI.MANUEL KACHIRAMATTAM
SMT.MERRY GEORGE
RESPONDENT(S)/DECREE HOLDER:
CHELAKKIL HARIDASAN
AGED 56 YEARS, S/O CHAYICHAN, MELAKKIL (H), KADALUNDY AMSOM, KADALUNDY DESOM, KADALUNDI P.O., KOZHIKODE TALUK, KOZHIKODE-673302.
R1 BY ADV. SMT.BINDU GEORGE
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 16-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 3167 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: PHOTOCOPY OF THE EXECUTION PETITION IN E.P.NO.412/2015 IN OS NO.410/2013 BEFORE THE SUB COURT, KOZHIKODE. EXHIBIT P2: PHOTOCOPY OF THE OBJECTION FILED IN EP NO.412/2015 IN OS NO.410/2013 BEFORE THE 1ST ADDL. SUB JUDGE KOZHIKODE. EXHIBIT P3: PHOTOCOPY OF THE ORDER DATED 21.10.2016 IN EP NO.412/2015 IN THE FILES OF 1ST ADDL.SUB COURT, KOZHIKODE. EXHIBIT P4: PHOTOCOPY OF THE DISCHARGE SUMMARY ISSUED FROM THE GOVT. MEDICAL COLLEGE HOSPITAL, KOZHIKODE. //TRUE COPY// PS TO JUDGE. jg-24/3
ASHOK MENON, J.
------------------------------------------OP(C) No.3167 of 2016 ------------------------------------------Dated this the 16th day of March, 2018
J U D G M E N T
The learned counsel for the petitioner submits that the petitioner may be permitted to pay off the decree amount in 12 equal monthly installments. There is no representation for the respondent continuously. It is also submitted by the learned counsel for the petitioner that an amount of Rs.1,00,000/- directed to be deposited by this Court as per order dated 9.12.2016 has already been deposited. Hence, the prayer for installment is allowed. The petitioner is directed to pay the balance amount in 12 equal monthly installments, the first of which will be paid on 30.04.2018 and the balance on the last working day of 11 subsequent months. In order to make the payment as above, execution proceedings will stand stayed. If the petitioner commits default in making payment of any of the installments as above, the stay will stand automatically recalled and the decree holder can proceed, in accordance with law. This Original Petition is disposed of as above.
ASHOK MENON JUDGE
jg
2 issues framed by the court
Whether the petitioner can be permitted to pay off the decree amount in 12 equal monthly installments.
Whether execution proceedings should be stayed pending installment payments.
K. Prabitha
Chelakkil Haridasan
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
