Partly allowed

Kalesh Babu v. Sree Vidya Prakashini Sabha

Kerala HC3 Jul 2019OP(C)/1083/2019

Case brief

AI extract

What is this about?

The Court disposed of the execution petition by directing the petitioner to pay the entire decretal amount in six equal monthly instalments. If default occurs, execution proceedings will resume.

What did the court decide?

Petitioner to pay the entire decretal amount in six equal monthly instalments starting from 01.08.2019; execution proceedings held in abeyance until default.

Kalesh Babu Vs Sree Vidya Prakashini Sabha — Execution and Attachment | Kerala HC (2019)

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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 SUNIL THOMAS

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WEDNESDAY, THE 03RD DAY OF JULY 2019 / 12TH ASHADHA, 1941

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OP(C).No.1083 of 2019

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E.P. NO.271/2015 IN OS 100/2013 of PRINCIPAL SUB COURT,IRINJALAKUDA

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PETITIONER/3RD JUDGMENT DEBTOR:

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KALESH BABU AGED 39 YEARS S/O. MOHANAN, VATTAPPARAMBIL, PULLUT VILLAGE AND DESOM, KODUNGALLUR TALUK

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BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH

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RESPONDENTS/DECREEE HOLDER/JUDGMENT DEBTORS 1 & 2:

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1 SREE VIDYA PRAKASHINI SABHA, ELTHURUTH METHALA VILLAGE, KODUNGALLUR TALUK, REPRESENTED BY ITS PRESIDENT, RAVI, S/O. KOLLIKKATHARA KRISHNAN, LOKAMALESWARAM VILLAGE AND DESOM, KODUNGALLUR TALUK, PIN - 680664

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2 THE SECRETARY JYOTHIRMAYAN, D/O. PULIKKALPRABHASAN, METHALA, METHALA VILLAGE, KODUNGALLUR TALUK, PIN - 680664

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3 THE TREASURER, BYJU, S/O. AIRATTULAKSHMANAN, METHALA VILLAGE AND DESOM, KODUNGALLUR TALUK.

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4 SANOY, S/O. SANJAYAN, VALLIPPARAMBIL , NARAYANA MANGALAM DESOM, PULLUT VILLAGE, KODUNGALLUR TALUK.

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OP(C).No.1083 of 2019

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5 SAJISHA, D/O. SANJAYAN, VALIPPARAMBIL , NARAYANA MANGALAM DESOM, PULLUT VILLAGE, KODUNGALLUR TALUK. PIN - 680664 BY ADVS. SRI.P.RAMAKRISHNAN SMT.ASHA K.SHENOY SMT.PREETHI RAMAKRISHNAN (P-212) SRI.C.ANIL KUMAR SRI.T.C.KRISHNA SRI. PRATAP ABRAHAM VARGHESE

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(C).No.1083 of 2019

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JUDGMENT

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When the matter was taken up on last occasion, it was submitted by the learned counsel for the petitioner that he was willing to discharge the liability, if he is permitted to pay the entire amount due in instalments. On instructions, the learned counsel for the respondents 1 to 3 submitted that, they are willing for an instalment prayer, if the entire amount due can be paid in six equal monthly instalments.

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2. Accordingly, the original petition itself stand disposed of with a direction to the petitioner herein, to pay the entire amount in six equal monthly instalments commencing from 01.08.2019. During the above period the execution proceedings shall kept

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in abeyance. In case of default of any

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OP(C).No.1083 of 2019

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monthly instalments, the respondents will be entitled to seek continuance of the execution proceedings and the execution proceedings shall continue from the stage where it was deferred.

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Sd/-

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SUNIL THOMAS JUDGE

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VPK

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OP(C).No.1083 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE E.P. 271/2015 FILED BEFORE THE MUNSIFF COURT, FILED BEFORE THE MUNSIFF COURT, KODUNGALLUR DT. 1.9.2015.

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EXHIBIT P2 THE TRUE COPY OF E.A. 207/2019 DT. 15.3.2019

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// TRUE COPY //

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PA TO JUDGE

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VPK

Kalesh Babu v. Sree Vidya Prakashini Sabha

Case brief

What is this about?

What did the court decide?

Kalesh Babu v. Sree Vidya Prakashini Sabha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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