Abdulla v. Moideenkutty
Case brief
What is this about?
This court allowed an original civil petition filed by a judgment debtor seeking an installment facility to pay off a decree debt arising from execution proceedings, subject to compliance and conditional revival of proceedings.
What did the court decide?
Allowed 10 equal monthly installments to wipe off the entire decree debt; debt payment must be monitored; non-payment revives execution.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
OP(C) NO. 835 OF 2023
AGAINST THE ORDER/JUDGMENT EP 94/2019 OF ASSISTANT SESSIONS
COURT/SUB COURT / COMMERCIAL COURT, MANJERI
PETITIONER/JUDGMENT DEBTOR/DEFENDANT:
ABDULLA
AGED 50 YEARS
S/O. ABDUL KHADER, KALLARAKUZHI HOUSE, AALIPARAMBU
AMSOM, PARAL DESOM, THOOTHA P.O., PERINTHALMANNA
TALUK, MALAPPURAM DISTRICT, PIN - 679357
BY ADV K.RAKESH
RESPONDENT/DECREE HOLDER/PLAINTIFF:
Issues for consideration
1 issue framed by the court
Whether to allow an installment facility for the payment of decree debt in execution proceedings.
Parties & counsel
- petitioner
Abdulla
- respondent
Moideenkutty
Coram
C. Jayachandran
Case details
As recorded by the court registry
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