Disposed

Bindhu Unnikrishnan v. Rakesh

Kerala HC4 Jan 2024OP(C)/15/2024

Case brief

AI extract

What is this about?

Judgment debtor sought certified copy of an execution court order dismissing her application to keep decree execution in abeyance, with sale of property already effected and confirmation pending. The High Court directed prompt issuance of the copy and deferred confirmation of sale for two weeks from its issuance.

What did the court decide?

Direction to issue certified copy of order dated 21.12.2023 in E.A.No.305/2023 at the earliest; confirmation of sale deferred for two weeks from issuance.

Bindhu Unnikrishnan Vs Rakesh — Execution and Attachment | Kerala HC (2024)

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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. JAYACHANDRAN

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THURSDAY, THE 4^TH DAY OF JANUARY 2024/14TH POUSHA, 1945

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OP(C) NO.15 OF 2024 AGAINST THE ORDER DATED 21.12.2023 IN E.A.NO.305/2023 IN O.S.No.213/2016 OF MUNSIFF COURT, ALATHUR ORDER IN E.P.No.163/2019 AND O.S.No.213/2016 OF MUNSIFF COURT, ALATHUR

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PETITIONER/PETITIONER/DEFENDANT:

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BINDHU UNNIKRISHNAN, AGED 43 YEARS, W/O.UNNIKRISHNAN, HRITHA NAGAR, KUNISSERY P.O., ALATHUR TALUK, PALAKKAD DISTRICT, PIN – 678681.

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BY ADVS. BINOY VASUDEVAN SREEJITH SREENATH RINCY KHADER

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RESPONDENT/RESPONDENT/PLAINTIFF:

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RAKESH, S/O.M.PADMAJA,

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AGED 40 YEARS (WRONGLY TYPED AS 76 YEARS IN THE PROCEEDINGS IN THE COURT BELOW), MANGADU HOUSE, THEKKETHARA, KUNISSERY P.O., ALATHUR TALUK, PALAKKAD DISTRICT, PIN – 678681.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) No.15 of 2024

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JUDGMENT

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Dated, this the 4^th January, 2024

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The petitioner herein is the judgment debtor in E.P. No.163/2019 and the defendant in the suit, O.S. No.213/2016 of the Munsiff Court, Alathur.

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2. Challenging the judgment and decree which is

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sought to be executed, the petitioner/defendant preferred an appeal as A.S.No.88/2020 before the 5^th Additional District Court, Palakkad. Along with the appeal, the petitioner preferred a stay petition. The stay petition has not been considered. In the circumstances, the petitioner moved the Execution Court under Order 21, Rule 26 seeking the execution of the decree to be kept in abeyance. The same was dismissed by order dated 21.12.2023. The petitioner wants to challenge the said order. Though certified copy has been applied for, the same is not yet issued. In the meantime, Execution Petition proceeded, and the sale of the schedule property in

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OP(C) No.15 of 2024

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execution of the money decree was effected. Learned counsel for the petitioner submits that the Execution Petition stands posted for confirmation of sale, on 08.01.2024.

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3. In the circumstances, there will be a direction

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to the learned Munsiff, Alathur to issue certified copy of the Order dated 21.12.2023 in E.A. No.305/2023 in E.P.No.163/2019 at the earliest. This Court further directs that confirmation of the sale shall not be done for a period of two weeks, commencing from the date of issuance of the certified copy.

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This Original Petition is disposed of, as above.

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Sd/-

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C.JAYACHANDRAN, JUDGE

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OP(C) No.15 of 2024

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APPENDIX OF OP(C) 15/2024

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE JUDGMENT DATED 26-11- 2018 IN O.S.NO.213/2016 ON THE FILE OF THE MUNSIFF COURT, ALATHUR.
EXHIBIT P1 (A)	TRUE COPY OF THE DECREE DATED 26-11-2018 IN O.S.NO.213/2016 ON THE FILE OF THE MUNSIFF COURT, ALATHUR.
EXHIBIT P2	TRUE COPY OF THE MEMORANDUM OF APPEAL IN A.S.NO.88/2020 DATE 19-5-2020.
EXHIBIT P3	TRUE COPY OF I.A.NO.2/2021 IN A.S. NO.88/2020 ON THE FILE OF THE DISTRICT COURT, PALAKKAD DATED 19-5-2020.
EXHIBIT P4	TRUE COPY OF E.P.NO.163/2019 ON THE FILE OF THE MUNSIFF COURT, ALATHUR DATED 18- 11-2019.
EXHIBIT P5	TRUE COPY OF THE OBJECTION PREFERRED BY THE PETITIONER DATED 16-3-2020.
EXHIBIT P6	TRUE COPY OF E.A.NO.305/2023 DATED 20-12- 2023.
EXHIBIT P7	THE RESPONDENT PREFERRED AN OBJECTION TO EXHIBIT P-6 APPLICATION DATED 21-12-2023.

Bindhu Unnikrishnan v. Rakesh

Case brief

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Bindhu Unnikrishnan v. Rakesh

Case brief

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