Allowed

Jaffer v. Coyalmannam Service Co-Operative Bank Ltd.

Kerala HC16 Jul 2019OP(C)/1462/2019

Case brief

AI extract

What is this about?

Petitioner, judgment debtor in execution proceedings, approached the High Court to stay the auction sale of his property by depositing a partial sum. The Court granted leave to repay the entire balance in 10 monthly instalments and kept the execution proceedings in abeyance pending compliance.

What did the court decide?

Leave granted to pay arrears in 10 equal monthly instalments; execution proceedings kept in abeyance pending payment of first instalment by 16.08.2019.

Jaffer Vs Coyalmannam Service Co-Operative Bank Ltd. — Execution and Attachment | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

¶4

TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941

¶5

OP(C).No.1462 of 2019

¶6

IN EP NO.182/2014 IN ARC 1375/2012 of PRINCIPAL SUB COURT, PALAKKAD

¶7

PETITIONER

¶8

JAFFER, AGED 52 YEARS, S/O.LATE. ABDULKHADER, DARUL SALAM, CHANDAPURA, KUZHALMANNAM.P.O, ALATHUR, PALAKKAD.

¶9

BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

¶10

RESPONDENT:

¶11

COYALMANNAM SERVICE CO-OPERATIVE BANK LTD, NO.F.1195, KUZHALMANNAM.P.O, ALATHUR, PALAKKAD-678702 REP BY ITS SECRETARY.

¶12

BY ADV. SRI.K.K.RAJEEV

¶13

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 16.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

OP(C).No.1462 of 2019

¶15

¶16

JUDGMENT

¶17

The petitioner herein who is the judgment

¶18

debtor in E.P.No.182/2014 in ARC No.1375/12 of

¶19

Principal Subordinate Court, Palakkad, has approached this Court seeking reliefs. It seems that, the property of the judgment debtor was brought for sale. The petitioner claims that, he has deposited certain amounts. He undertakes to re-pay the entire balance amount in 10 equal monthly instalments.

¶20

2. Pursuant to the direction of this Court, to deposit Rs.5,00,000/- (Rupees Five Lakhs only) towards the decree debt as a condition for

¶21

granting stay, a sum of Rs.3,00,000/- (Rupees Three Lakhs only) has been deposited. The petitioner undertakes to pay the balance in instalments.

¶22

3. After hearing the learned counsel for the petitioner/judgment debtor and learned counsel for the respondent/decree holder , I am inclined to accept this prayer being a reasonable one.

¶23

OP(C).No.1462 of 2019

¶24

¶25

According to the learned counsel for the respondent even after giving credit to Rs.6,79,000/-(Rupees Six Lakhs Seventy Nine Thousand only) deposited at the Sub Court, pursuant to the direction of this Court, and another sum of Rs.3,00,000/-(Rupees Three Lakhs only) deposited during the period 2019, the balance is Rs.11,63,629/-(Rupees Eleven Lakhs Sixty Three Thousand Six Hundred and Twenty Nine only). I am inclined to dispose of the original petition itself with a direction to the petitioner herein to pay the entire arrears actually due in 10 equal monthly instalments commencing from 16.08.2019.

¶26

4. The execution proceedings will can be kept in abeyance till 16.08.2019 and if the first instalment is paid Court below shall take up the matter on 19.08.2019. On that day if compliance is reported, the Execution Court shall close the execution reserving the right of the decree holder to revive the execution in case of default of any

¶27

OP(C).No.1462 of 2019

¶28

¶29

monthly instalment. If such default is committed,

¶30

the decree holder shall file a memo stating the default with notice to the counsel who is appearing for the judgment debtor now. Thereupon the execution will stand revived and continue from the stage were the execution was closed.

¶31

The original petition (civil) is disposed of as above.

¶32

Sd/-

¶33

SUNIL THOMAS JUDGE

¶34

VPK

¶35

OP(C).No.1462 of 2019

¶36

¶37

APPENDIX

¶38

PETITIONER'S EXHIBITS:

¶39

EXHIBIT	P1 TRUE COPY OF THE E.P.NO.182/2014 IN
	A.R.C.NO.1375/2012 OF THE COURT OF THE PRINCIPAL SUBORDINATE JUDGE OF PALAKKAD.
EXHIBIT	P2 TRUE COPY OF THE RECEIPT DATED 25.07.2018.
EXHIBIT	P3 TRUE COPY OF THE JUDGMENT IN O.P. (C)NO.1943/2018 OF THIS HON'BLE COURT DATED 14.09.2018
EXHIBIT	P4 TRUE COPY OF THE AUCTION NOTICE IN E.P.NO.182/2014 IN A.R.C.NO.1375/2012 OF
	THE COURT OF PRINCIPAL SUBORDINATE JUDGE OF PALAKKAD
EXHIBIT	P5 TRUE COPY OF THE RECEIPT DATED 13.05.2019.
EXHIBIT	P6 TRUE COPY OF THE RECEIPT DATED 13.06.2019

¶40

RESPONDENTS' EXHIBITS

NIL

// TRUE COPY //

PA TO JUDGE

VPK

Jaffer v. Coyalmannam Service Co-Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

Jaffer v. Coyalmannam Service Co-Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sreelatha, Vs a.John

Varghese @ Kunjumon Vs Aleyamma Chacko

Dr.Rohan Ninan Geroge Vs Dr.Jewel Jacob

K.Surendran Vs Abdul Razak P.B. (Died)

Thahakunju Vs Sudheer

Shaiju Thomas Vs Shaji