The Kerala High Court dismissed the original petition for time to pay after the respondent decree holder submitted that the entire award amount was received, making further proceedings unnecessary.
Original Petition No. 2855 of 2016 dismissed.
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 A. BADHARUDEEN
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
OP(C) NO. 2855 OF 2016
PETITIONER/2ND JUDGEMENT DEBTOR:
1 THOMASKUTTY, S/O.JOSEPH, AGED 52 YEARS, KOYINILAM, P.O ALLY, KUMARANELLUR AMSOM,
ALLY DESOM OF KOZHIKODE TALUK.
BY ADV SRI.K.I.SAGEER
RESPONDENT/DECREE HOLDER:
KERALA GRAMIN BANK MARANCHATTY BRANCH, KOOMPARA P.O., KOODARANHI VILLAGE, KOOMPARA DESOM, KOZHIKODE TALUK, REP. BY PRINCIPAL OFFICER/MAMNAGER, MARANCHATTY BRANCH, PIN-679581.
BY ADV. SRI. JAWAHAR JOSE
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) No.2855 of 2016
2
JUDGMENT
When the matter is taken up for hearing,
it is submitted by Sri.Jawahar Jose, learned Standing Counsel representing for the Kerala Gramin Bank, the decree holder in P.L.P No.1420/2015 in E.P No.64/2016, that decree
holder has received the entire amount due to the Bank as per the P.L.P award and therefore there is no necessity to continue the matter further.
Petitioner.
holder had received the full amount in
satisfaction of the award, there is no meaning in
maintaining the Original Petition, at the
instance of the judgment debtor, who sought time to pay the decree debt, further.
Thus, recording the submission as stated
above, this Original Petition is dismissed.
Sd/-
A.BADHARUDEEN, JUDGE.
ww
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O.P.(C) No.2855 of 2016
APPENDIX OF OP(C) 2855/2016
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE PETITION FILED BEFORE THE DISTRICT LEGAL SERVICES AUTHORITY, KOZHIKODE. EXHIBIT P2 A TRUE COPY OF THE ORDER DT. 14-022015 IN PLP CASE NO.1420/2015 OF DISTRICT LEGAL SERVICES AUTHORITY, KOZHIKODE. EXHIBIT P3 A TRUE COPY OF THE E.P.NO.64/2016 IN PLP NO.1420/2015 ON THE FILE OF THE HON'BLE MUNSIFF COURT.II (P) KOZHIKODE.
1 issue framed by the court
Whether the original petition for time to pay decree debt can be maintained after the decree holder received the full award amount.
Thomaskutty
Kerala Gramin Bank
A. Badhardeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
