Smt. Rachael v. Vinod.K.P.
Case brief
What is this about?
Petitioner challenged execution proceedings. Court granted five-month installment permit for balance debt pending execution, allowing process revival on default.
What did the court decide?
Execution proceedings deferred to 17.06.2019. Petitioner to remit balance in five equal monthly instalments. Default entitles decree holder to revive proceedings.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 27TH DAY OF MAY 2019 / 6TH JYAISHTA, 1941
OP(C).No. 713 of 2019
AGAINST THE ORDER/JUDGMENT IN OS 33/2013 of PRINCIPAL SUB COURT,ERNAKULAM
PETITIONER:
SMT. RACHAEL, AGED 61 YEARS, W/O. LATE SASI D.K, RESIDING AT ANIZHAM, KIZHAVANA ROAD, PANAMPILLY NAGAR, KANAYANNUR TALUK, ERNAKULAM DIST., ERNAKULAM, PIN- 682 036 BY ADV. SRI.C.DILIP
RESPONDENTS:
1 VINOD.K.P., S/O. K.K. PARAMESWARAN, B-1133, ANUPAMA HOUSE, SATELLITE TOWNSHIP, KAKKANAD WEST P.O, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN-682 030
2 SREEJA S., D/O. LATE SASI D.K., AGED 40 YEARS, RESIDING AT ANIZHAM, KIZHVANA ROAD, PANAMPILLY NAGAR, KANAYANNUR TALUK, ERNAKULAM DIST, ERNAKULAM, PIN-682 036
Issues for consideration
2 issues framed by the court
Whether execution proceedings against a judgment debtor can be deferred to allow payment in instalments.
What is the consequence of default on instalments granted by the High Court.
Parties & counsel
- petitioner
Rachael
- respondent
Vinod.K.P.
- respondent
Sreeja S.
- respondent
Sarith S.
Coram
Case details
As recorded by the court registry
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