Janaki v. K Narayani
Case brief
What is this about?
The High Court of Kerala, using supervisory powers under Article 227, disposed of an execution petition concerning a decree debt. The court granted the petitioners an extension to deposit the balance debt by granting a breathing time, conditional on an immediate partial payment.
What did the court decide?
Deposit of Rs.1,00,000/- by 30.06.2022 and balance decree debt in lump sum or two installments by 31.10.2022; stay of execution conditioned on compliance.
What the court decided
OP(C) NO. 268 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 16TH DAY OF JUNE 2022 / 26TH JYAISHTA, 1944
OP(C) NO. 268 OF 2022
AGAINST THE ORDER IN EP 35/2019 IN OS 8/2015 OF SUB COURT,
HOSDRUG
PETITIONER/S:
1 JANAKI AGED 60 YEARS W/O. PADACHERRY KRISHNAN, R/S. PILANTHOLI, CHEEMENI P.O, CHEEMENI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671313.
2 JISH V AGED 36 YEARS S/O. PADACHERRY KRISHNAN, R/S. PILANTHOLI, CHEEMENI P.O, CHEEMENI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671313.
Issues for consideration
3 issues framed by the court
Whether the petitioners, facing financial constraints, could be granted an extension of time to deposit the remaining decree debt.
Whether the petitioners' willingness to deposit a partial sum immediately constitutes a reasonable and bona fide offer.
Whether the supervisory powers under Article 226 or 227 of the Constitution could be used to stay execution proceedings conditional upon payment.
Parties & counsel
- petitioner
JANAKI PADACHERRY KRISHNAN
- petitioner
JISH V
- respondent
K NARAYANI
Coram
Case details
As recorded by the court registry
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