The High Court of Kerala allowed the petitioners to pay the decretal amount in twelve equal monthly installments commencing from 01.08.2020, permitting the respondent to withdraw any deposits if petitioners default in three installments.
Petitioners permitted to pay the amount due in twelve equal monthly installments commencing from 01.08.2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
WEDNESDAY, THE 10TH DAY OF JUNE 2020 / 20TH JYAISHTA, 1942
OP(C).No.244 OF 2020
AGAINST THE ORDER/JUDGMENT IN OS 242/2013 OF PRINCIPAL SUB COURT,NORTH PARAVUR
PETITIONER/S/JUDGMENT DEBTORS:
1 JOHNSON AGED 51 YEARS, S/O. PAPPU, CHEERANGAN, THIRUVALLOOR KARA,ALANGAD VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT, ALANGAD P.O.,PIN-683 511
2 JOODO PEETER, S/O.PATHROSE, CHEERANGAN, THIRUVALLOOR KARA,ALANGAD VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT, ALANGAD P.O.,PIN-683 511
BY ADVS. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN SRI.ROY JOSEPH SMT.ANIES MATHEW SRI.E.HARIDAS
RESPONDENT/S/DECREE HOLDER:
ALANGAD ST.JOSEPH SADUJANA SANGAM NO.6,
REP BY ITS SECRETARY, MATHAN (EX SECRETARY), PRESENT SECRETARY ROSLY JOSEPH, W/O JOSEPH, PUTHUSSERY HOUSE, THIRUVALLOOR KARA, ALANGAD P.O.,PIN-683 511
R1 BY ADV. SRI.HARISANKAR V. MENON R1 BY ADV. SMT.MEERA V.MENON R1 BY ADV. SRI.MAHESH V.MENON
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 10.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.244 OF 2020
2
JUDGMENT
Heard.
3
OP(C).No.244 OF 2020
clear that if the petitioners default in payment of three installments, the respondent shall be at liberty to proceed with the execution petition. Needless to state that the respondent shall be at liberty to withdraw the amount, if any, deposited by the petitioners before the court below.
This Original Petition stands disposed of as above.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
RK/10.06.2020
OP(C).No.244 OF 2020
4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AWARD REACHED IN LOK ADALATH HELD ON 7.8.2014 AT NORTH PARAVUR IN OS NO.242/2013 ON THE FILES OF THE PRINCIPAL SUB COURT NORTH PARAVUR
EXHIBIT P2 TRUE COPY OF THE EP NO.21/2015 IN OS NO.242/2013 DATED 6.2.2015 EXHIBIT P3 TRUE COPY OF THE APPLICATION EA NO.279/2019 IN EP NO.1/2015 IN OS NO.242/2013 DATED 11.7.2019
EXHIBIT P4 TRUE COPY OF THE PETITION DATED 11.9.2019 IN EA N.278/2019 IN EP NO.21/2015 IN OS NO.242/2013
EXHIBIT P5 TRUE COPY OF THE OBJECTION DATED 16.7.2019 AGAINST EXT.P3 EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 16.7.2019 AGAINST EXT.P4 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 26.9.2019 IN EA NO.279/2019 IN EP NO.21/2015 IN OS NO.242/2013
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 26.9.2019 IN EA NO.278/2019 IN EP NO.21/2015 IN OS NO.242/2013
RESPONDENT'S/S EXHIBITS:NIL
2 issues framed by the court
Whether the petitioners can be permitted to pay the decretal amount in twelve equal monthly installments.
What conditions the High Court should impose regarding the default in installment payments.
JOHNSON
JOODO PEETER
ALANGAD ST.JOSEPH SADUJANA SANGAM NO.6
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
