Allowed

Dhanalakshmi v. N. Bhaskara Das

Kerala HC17 Jun 2022OP(C)/494/2022

Case brief

AI extract

What is this about?

The High Court at Ernakulum exercised its supervisory jurisdiction to allow a petition seeking to set aside an execution order. The court permitted the payment of the entire decree debt in 12 equated monthly instalments and clarified that default would allow resumption of execution proceedings.

What did the court decide?

The petitioner shall pay the entire decree debt in 12 equated monthly instalments starting 01.07.2022; default resumes execution.

Dhanalakshmi Vs N. Bhaskara Das — Execution and Attachment | Kerala HC (2022)

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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 C.S.DIAS

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FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
OP(C) NO. 494 OF 2022

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AGAINST THE ORDER DATED 14.02.2022 IN EP 10/2018 IN OS
92/2013 OF SUB COURT, DEVIKULAM

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PETITIONER/JUDGMENT DEBTOR NO.1/DEFENDANT NO.1:

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DHANALAKSHMI,
AGED 57 YEARS,
W/O.LATE M.MARIMUTHU, HOUSE NO.1/220,
DHANASREEILLAM, NADUPPARAI JUNCTION,
CHINNAKKANAL P.O., IDUKKI - 685 618.

¶8

BY ADVS.P.B.KRISHNAN
P.B.SUBRAMANYAN
SABU GEORGE
MANU VYASAN PETER

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RESPONDENT/DECREE HOLDER/PLAINTIFF

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N. BHASKARA DAS,
AGED 46 YEARS,
S/O.A.NAGARATHINAM, DOOR NO.3,
RAJALINE STREET, THENI MUNICIPAL TOWN THENI
DISTRICT, TAMILNADU - 625 531.

¶11

BY ADV G.SREEKUMAR (CHELUR)

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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O.P.(C)No.494/2022

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-:2:-

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Dated this the 17^th day of June,2022

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J U D G M E N T

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The original petition is filed to set aside the order in E.P.No.10/2018 in O.S.No.92/2013(Ext.P6) passed by the Court for the Subordinate Judge, Devikulam.

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When this original petition was taken up for consideration, the learned counsel appearing for the petitioner submitted that the petitioner is ready and willing to pay off the entire decree debt in 12 equated monthly instalments. The said request is not seriously opposed the respondent.

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On a consideration of the pleadings and materials on record and the submission made by the respective counsel appearing for the parties, in exercise of the supervisory jurisdiction of this Court, I am inclined to allow the original petition.

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In the result, the original petition is disposed of as follows:

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(i) The petitioner shall pay off the entire

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O.P.(C)No.494/2022

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-:3:-

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decree debt E.P.No.10/2018 of the above court, in 12 equated monthly instalments, commencing from 01.07.2022.

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(ii) It is made clear that, in case the petitioners defaults in payment of one instalment, the execution court would be at liberty to resurrect E.P.No.10/2018 from the stage it has been stayed and proceed with the same in accordance with law and bring it to a logical conclusion.

Sd/-

C.S.DIAS,JUDGE

DST/17.06.22

//True copy/

P.A.To Judge

O.P.(C)No.494/2022

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-:4:-

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APPENDIX

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PETITIONER EXHIBITS
EXHIBIT P1A TRUE COPY OF THE RELEVANT PORTION OF
THE BOOK IN WHICH THE DETAILS REGARDING
THE PROCEDURES AND PRESCRIPTIONS OF
TREATMENT OF THE PETITIONER.

¶35

EXHIBIT P2A TRUE COPY OF THE MEDICAL CERTIFICATE
FOR AVAILING ASSISTANCE FOR TREATMENT
ISSUED BY THE ASSISTANT SURGEON OF THE
PRIMARY HEALTH CENTRE, CHINNAKKANAL,
DATED 16/02/2022.

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EXHIBIT P3A TRUE COPY OF E.P.NO.13 OF 2018 ON THE
FILE OF THE SUB COURT, KATTAPPANA DATED
12/02/2018.

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EXHIBIT P4A TRUE COPY OF THE OBJECTION FILED BY
THE PETITIONER IN EP NO.10 OF 2018 ON
THE FILE OF THE SUB COURT, DEVIKULAM,
DATED 03/12/2019.

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EXHIBIT P5A TRUE COPY OF THE OBJECTION, DATED
01/11/2021 FILED BY THE PETITIONER.

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EXHIBIT P6A TRUE COPY OF THE PROCEEDINGS DATED
14/02/2022 IN E.P.NO.10 OF 2018 IN
O.S.NO.92 OF 2013 ON THE FILE OF THE
SUB COURT, DEVIKULAM.

¶40

RESPONDENT’S EXHIBITS: NIL

Dhanalakshmi v. N. Bhaskara Das

Case brief

What is this about?

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Dhanalakshmi v. N. Bhaskara Das

Case brief

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