Allowed

Haris v. Sreekrishna Vilasom Chitty Fund

Kerala HC5 Jan 2024OP(C)/2720/2023

Case brief

AI extract

What is this about?

The Kerala High Court disposed of two Original Civil Petitions (Nos. 2720 and 2750 of 2023) challenging execution orders in execution petitions. The Court allowed the petitioners an installment facility to pay the outstanding decree debt in four tranches, stayed the execution warrants pending compliance, and revived the proceedings upon default.

What did the court decide?

Petitioners granted two-month window to pay one-fourth of the balance, followed by 15 equal monthly installments; execution warrants stayed subject to default conditions.

Haris Vs Sreekrishna Vilasom Chitty Fund — Kerala HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

¶4

FRIDAY, THE 5TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945

¶5

OP(C) NO. 2720 OF 2023

¶6

AGAINST THE ORDER/JUDGMENT EP 101/2017 OF MUNSIFF COURT, KARUNAGAPPALLY

¶7

PETITIONERS / JUDGMENT DEBTORS/COUNTER PETITIONERS:

¶8

1 HARIS

¶9

AGED 40 YEARS
S/O. TANGALKUNJU, NADIYILA VEEDU, POROORKARA MURI,
EDAPPALLYCOTTA P.O, PANMANA VILLAGE,
KARUNAGAPPALLY,KOLLAM, PIN - 691583

¶10

2 BINU

¶11

AGED 35 YEARS

¶12

S/O. BABY, KOCHUPADANNAYIL VEEDU, CHERUSSERIBHAGOM
MURI, CHAVARA VILLAGE , KOLLAM, PIN - 691583
3RAJEEVAN
AGED 46 YEARS
S/O. ILAYAKUNJU, PONAMOOTIL VEEDU, CHITTOOR MURI,
PANMANA , P.O, PANMANA VILLAGE, KOLLAM,
PIN - 691583

¶13

BY ADV SREERAJ M.D.

¶14

RESPONDENT/DECREE HOLDER/PETITIONER:

¶15

SREEKRISHNA VILASOM CHITTY FUND
CHAVAR PVT LTD, CHAVARA, REPRESENTED BY ITS
MANAGING DIRECTOR RAVIMOHAN, RESDING AT MOHAN
NIVAS, MENAMPALLY MURI, CHAVARA VILLAGE,
PIN - 691583

¶16

BY ADVS.
ABDUL JAWAD.K
A.GRANCY JOSE(K/1204-M/2010)

¶17

¶18

O.P.(C) NO. 2720 OF 2023 &
O.P.(C) NO. 2750 OF 2023

¶19

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2024, ALONG WITH OP(C).2750/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

¶20

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶21

PRESENT

¶22

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 5TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945

¶23

OP(C) NO. 2750 OF 2023

¶24

AGAINST THE ORDER/JUDGMENT EP 55/2018 OF MUNSIFF COURT, KARUNAGAPPALLY

¶25

PETITIONERS / JUDGMENT DEBTORS/COUNTER PETITIONERS:

¶26

1 NIYAS

¶27

AGED 40 YEARS

¶28

S/O. TANGALKUNJU, NADEELA VEEDU, POROORKARA MURI,
EDAPPALLYCOTTA P.O, PANMANA VILLAGE,
KARUNAGAPPALY, KOLLAM, PIN - 691583

¶29

2SHAJI
AGED 41 YEARS
S/O. MARALEEDHARAN, SHIBU BHAVAN, KANNANKULANGARA
MURI, PANMANA VILLAGE, PIN - 691583

¶30

3BINU
AGED 36 YEARS
S/O. BABY, KOCHUPADANNAYIL VEEDU, THOTTIN VADAKK
MURI, CHAVARA VILLAGE, KOLLAM, PIN - 691583
4HARISEKHAR
AGED 32 YEARS
S/O. CHANDRASEKHARAN, PRASANTHI, NEENDAKARA MURI,
NEENDAKARA VILLAGE, NEENDAKARA P.O, KOLLAM,
PIN - 691582

¶31

BY ADV SREERAJ M.D.

¶32

RESPONDENT/DECREE HOLDER/PETITIONER:

¶33

SREEKRISHNA VILASOM CHITTY FUNDS
CHAVARA PRIVATE LIMITED, CHAVARA P.O, KOLLAM,
REPRESENTED BY ITS MANAGING DIRECTOR , RAVIMOHAN,
MOHAN NIVAS, MENAMPALLY MURI, CHAVARA,
PIN - 691583
BY ADVS.
ABDUL JAWAD.K
A.GRANCY JOSE(K/1204-M/2010)

¶34

¶35

O.P.(C) NO. 2720 OF 2023 &
O.P.(C) NO. 2750 OF 2023

¶36

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2024, ALONG WITH OP(C).2720/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

¶37

¶38

O.P.(C) NO. 2720 OF 2023 &
O.P.(C) NO. 2750 OF 2023

¶39

JUDGMENT

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[OP(C) Nos.272 0/2023, 275 0/2023]

¶41

The judgment debtors in E.P. No.101/2017 and
E.P. No.55/2018, both pending before the Munsiff
Court, Karunagappally, are the petitioners herein.
In the Original Petition first above referred,
Ext.P3 order of warrant is under challenge; and in
the Original Petition second above referred, a
similar order, produced at Ext.P4, is under
challenge.

¶42

2. When the matter was taken up for
consideration today, learned counsel for the
petitioners submitted that all what the petitioners
seek is to afford installment facility, to wipe off
the decree debt. Learned counsel for the respondents
is not averse to that idea.

¶43

3. In such circumstances, these Original
Petitions are disposed of, subject to the following
conditions:

¶44

¶45

O.P.(C) NO. 2720 OF 2023 &
O.P.(C) NO. 2750 OF 2023

¶46

1. The respondents will file a balance statement in both the E.Ps, indicating the amount outstanding, as on the date of receipt.

¶47

2. The petitioners will pay one-fourth of such balance amounts outstanding in both the E.Ps as per the statement within a period of two months from today.

¶48

3. The rest of the amount as per the balance statement will be paid by the petitioners in 15 equal monthly installments.

¶49

4. The warrants issued vide Exts.P3 and P4, as
also, the E.Ps will stand stayed, in the mean time.
If the initial payment to the extent of one-fourth
of the total amount, or the payment of any
installment is defaulted, the E.P. will revive and
the same will proceed, in accordance with law.

¶50

¶51

O.P.(C) NO. 2720 OF 2023 &
O.P.(C) NO. 2750 OF 2023

¶52

The Original Petitions are disposed of, as

¶53

above.

¶54

Sd/-

¶55

C. JAYACHANDRAN JUDGE

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BR

¶57

¶58

O.P.(C) NO. 2720 OF 2023 &
O.P.(C) NO. 2750 OF 2023

¶59

APPENDIX OF OP(C) 2720/2023

¶60

PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF THE EP NO. 101/2017 FILED
BEFORE THE MUNSIFFS COURT, KARUNAGAPPALLY
DATED 30-10-2017
Exhibit P2TRUE COPY OF THE AFFIDAVIT DATED 30-10-
2017, FILED BY THE RESPONDENT IN EP NO.
101 OF 2017
Exhibit P3TRUE COPY OF THE ORDER DATED 14-11-2023
IN EP NO. 101/2017 OF THE MUNSIFF COURT,
KARUNAGAPPALLY

¶61

RESPONDENT’S EXHIBITS: NIL

¶62

¶63

O.P.(C) NO. 2720 OF 2023 &
O.P.(C) NO. 2750 OF 2023

¶64

APPENDIX OF OP(C) 2750/2023

¶65

PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF THE AWARD PASSED BY THE
ARBITRATOR OF CHITS DATED 30-08-2017 IN
AWARD NO. C 1-21173/2015
Exhibit P2TRUE COPY OF THE EP NO. 55/2018 FILED
BEFORE THE MUNSIFFS COURT, KARUNAGAPPALLY
DATED 12-04-2018 FLED BY THE RESPONDENT
Exhibit P3TRUE COPY OF THE AFFIDAVIT DATED
12-04-2018, FILED BY THE RESPONDENT IN EP
NO. 55/2018
Exhibit P4TRUE COPY OF THE ORDER DATED 05-10-2023
IN EP NO. 55/2018 OF THE MUNSIFF COURT,
KARUNAGAPPALLY

¶66

RESPONDENT’S EXHIBITS: NIL

Haris v. Sreekrishna Vilasom Chitty Fund

Case brief

What is this about?

What did the court decide?

Haris v. Sreekrishna Vilasom Chitty Fund

Case brief

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