Disposed

N.K.Kamaludheen v. Abdul Jaleel

Kerala HC13 Nov 2019OP(C)/2884/2019

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an original petition by keeping a warrant issued in one execution petition in abeyance until the sale of property proposed in another execution proceeds, considering the petitioner's limited prayer and submissions.

What did the court decide?

The warrant issued in the first execution petition was kept in abeyance until the sale of property in the second execution proceeding.

N.K.Kamaludheen Vs Abdul Jaleel — 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 B. SUDHEENDRA KUMAR WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA,1941

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OP (C) No.2884 OF 2019

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Os 18/2014 OF SUB COURT,CHAVAKKAD

PETITIONER/S:

N.K.KAMALUDHEEN

AGED 47 YEARS

S/O.KUNJIMUHAMMED, NALAKATH HOUSE, VENMENAD,

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CHAVAKKAD, THRISSUR DISTRICT.

BY ADV. SRI.RAJIT

RESPONDENT/S:

ABDUL JALEEL,

AGED 49 YEARS, S/O.NALAKATHU AHMEDKUTTY, MARUTHAYOOR, PAVARATTY, CHAVAKKAD TALUK, THRISSUR DISTRICT.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Case No.OPC 2884/2019

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JUDGMENT

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When this matter has been taken up for hearing, the learned counsel for the petitioner has submitted that the petitioner had already deposited Rs.40,00,000/- out of Rs.45,00,000/- due to the decree holder. The decree holder filed Ext.P2 execution petition praying for getting the decree executed by the arrest and detention of the petitioner. The petitioner contended that the petitioner had no means to pay the decree amount. Thereafter, the execution court conducted an enquiry and found that the petitioner had the means to pay the decree amount. The said order was challenged in O.P. before this Court. This Court, as per Ext.P4 judgment dismissed the O.P. Thereafter, the decree holder filed Ext.P5 execution petition praying for getting the decree executed by sale of the property scheduled therein.

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It has been submitted by the learned counsel for

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Case No.OPC 2884/2019

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the petitioner that the proclamation was already effected and the sale is proposed to be conducted on 25.11.2019.

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The limited prayer of the petitioner in this Original Petition is to keep the warrant issued in Ext.P2 execution petition in abeyance till the sale of the property in Ext.P5 execution proceedings. In view of the limited nature of the prayer and taking into consideration of the submission of the learned counsel for the petitioner, the warrant issued in Ext.P2 execution petition shall be kept in abeyance till the above said sale in Ext.P5, as requested by the learned counsel for the petitioner.

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This Original Petition stands disposed of as above. Sd/

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B. SUDHEENDRA KUMAR, JUDGE.

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dl/

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Case No.OPC 2884/2019

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-4-

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF MEDIATION AGREEMENT DATED 1.10.2015 IN O.S.18/2014 OF SUB COURT CHAVAKKAD ENTERED INTO BETWEEN THE PETITIONER HIS WIFE AND RESPONDENT. EXHIBIT P2 TRUE COPY OF PETITION DATED 5.7.2015 FILED IN E.P.51/2016 IN O.S.18/2014 OF SUB COURT CHAVAKKAD EXHIBIT P3 TRUE COPY OF ORDER EP.51/2016 IN O.S.18/2014 DATED 16.1.2019. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 21.8.2019 IN OPC.NO.585/2019. EXHIBIT P5 TRUE COPY OF PETITION DATED 15.3.2019.

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RESPONDENT S/S EXHIBITS: NIL

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“The figure Rs.40,00,000/- shown in the third line of judgment dated 13.11.2019 in O.P.(C) No.2884 of 2019 is corrected as Rs.8,50,000/- as per order dated 11.8.2002 in IA No.1/2019 in O.P.(C) No.2884/2019.”

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sd/

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Joint Registrar

N.K.Kamaludheen v. Abdul Jaleel

Case brief

What is this about?

What did the court decide?

N.K.Kamaludheen v. Abdul Jaleel

Case brief

What is this about?

What did the court decide?

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