Allowed

Cheemenkai Lakshmi v. P.v.Sumesh

Kerala HC21 Feb 2023OP(C)/438/2023

Case brief

AI extract

What is this about?

This short order disposed of a civil original petition where the judgment debtor sought permission to pay the remaining decree debt in installments after the sale of his property. The High Court allowed five-month equated monthly installments under Article 227, directing revival of the execution petition upon default.

What did the court decide?

The execution petition proceedings deferred; petitioner permitted to pay balance debt in five equated monthly installments commencing 21.03.2023.

Cheemenkai Lakshmi Vs P.v.Sumesh — Execution and Attachment | Kerala HC (2023)

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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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TUESDAY, THE 21ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944

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OP(C) NO. 438 OF 2023

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AGAINST THE ORDER & JUDGMENT IN EP 23/2015 OF SUB COURT, HOSDRUG

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PETITIONER/RESPONDENT :

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CHEEMENKAI LAKSHMI
AGED 48 YEARS
D/O.VELLACHI AMMA, CHEEMENI AMSOM DESOM,
HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671313
BY ADVS.
A.ARUNKUMAR
SACHIN GEORGE ARAMBAN

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RESPONDENT/PETITIONER :

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P.V.SUMESH
AGED 38 YEARS
S/O.P.V.KUNHIRAMAN, PVK NIVAS,
CHERUTHAZHAM AMSOM DESOM,
P.O.MANDOOR, KANNUR TALUK AND DISTRICT.,
PIN - 670501

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OTHER PRESENT:

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SRI. MATHEW KURIAKOSE

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 438 OF 2023

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J U D G M E N T

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The original petition is filed to permit the petitioner to pay off the balance decree debt in E.P. No. 23/2015 of the Court of the Subordinate Judge, Hosdurg, in equated monthly installments.

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The concise case of the petitioner in the original petition is that, he is the judgment debtor in E.P. No. 23/2015, which is filed by the respondent to execute the decree passed in O.S. No. 76/2012 of the court below. There were a series of litigations between the parties which has culminated in Ext.P7 judgment. Now, the respondent has proceeded against the property of the petitioner. The sale has been conducted. Nonetheless, the petitioner is prepared to pay off the decree debt in equated monthly instalments as fixed by this Court. The petitioner has already paid Rs. 5,35,000/- towards the decree debt of Rs. 9,81,000/- and the balance amount is only Rs. 4,71,000/-. The petitioner is ready to pay the said amount in eight monthly instalments. Hence, the original petition.

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OP(C) NO. 438 OF 2023

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Heard; Sri. A. Arunkumar, the learned counsel appearing for the petitioner and Sri. Mathew Kuriakose, the learned Counsel appearing for the respondent.

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Sri. Mathew Kuriakose objected the request of the learned counsel for the petitioner on the grounds that the execution petition stands posted for sale. The EP is of the year 2015. The petitioner has been prolonging the payment of the decree debt on one pretext or the other. The petitioner’s intention is only to protract the culmination of the execution petition. Nonetheless, the respondent is amenable to the offer, provided the decree debt is paid off in three installments.

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On an appreciation of materials and pleadings recorded and taking into consideration the submission that the petitioner is prepared to pay off the balance decree debt which is approximately Rs. 4,71,000/- with future interest in instalments, I am inclined to take a lenient view in the matter by permitting the petitioner to pay off the balance decree debt in instalments, as one last opportunity.

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OP(C) NO. 438 OF 2023

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In the result, in exercise of the power of superintendence of this Court under Article 227 of the Constitution of India, I dispose of the original petition in the following manner;

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The court of the Subordinate Judge, Hosdurg is directed to defer further proceedings in EP No. 23/2015.

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The petitioner is permitted to pay off the balance decree debt payable in EP No. 23/2015, in five equated monthly instalments commencing from 21.03.2023.

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If the petitioner defaults in payment of one of the installments, the court of the Subordinate Judge, Hosdurg is directed to revive EP No. 23/2015 from the stage it has been stopped and proceed with the same, in accordance with law and bring it to its logical conclusion, as expeditiously as possible.

Sd/-

C.S.DIAS, JUDGE

OP(C) NO. 438 OF 2023

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APPENDIX OF OP(C) 438/2023

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PETITIONER EXHIBITS :

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EXHIBIT P1A TRUE COPY OF THE ORDER DATED 25-07-2016
IN E.A.NO.338 OF 2015 IN E.P.NO.23 OF
2015 OF THE SUBORDINATE JUDGE'S COURT,
HOSDURG

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EXHIBIT P2A TRUE COPY OF THE JUDGMENT DATED 02-02-
2018 IN O.P(C).NO.3238 OF 2017
EXHIBIT P3A TRUE COPY OF THE COMMISSIONER'S REPORT
AND PLAN DATED 19-07-2021

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EXHIBIT P4A TRUE COPY OF E.A.NO.1 OF 2021 ON THE
FILES OF SUBORDINATE JUDGE'S COURT,
HOSDURG
EXHIBIT P5A TRUE COPY OF THE ORDER DATED 21-10-2021
IN E.A.NO.1 OF 2021 OF SUBORDINATE
JUDGE'S COURT, HOSDURG
EXHIBIT P6A TRUE COPY OF THE ORDER DATED 10-11-2021
IN E.A.NO.02 OF 2021 OF SUBORDINATE
JUDGE'S COURT, HOSDURG
EXHIBIT P7A TRUE COPY OF THE JUDGMENT DATED 17-01-
2022 IN O.P.(C).NO.2407 OF 2021
EXHIBIT8A TRUE COPY OF THE E.A.NO.184 OF 2022 IN
E.A.NO.2 OF 2021 IN E.P.NO.23 OF 2015 OF
THE SUBORDINATE JUDGE'S COURT, HOSDURG
EXHIBIT P9A TRUE COPY OF THE ORDER DATED 04-01-2023
IN E.A.NO.184 OF 2022 IN E.A.NO.2 OF 2021
IN E.P.NO.23 OF 2015 OF THE SUBORDINATE
JUDGE'S COURT, HOSDURG

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// True Copy // PA To Judge

Cheemenkai Lakshmi v. P.v.Sumesh

Case brief

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Cheemenkai Lakshmi v. P.v.Sumesh

Case brief

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