OP(C) No.660/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Thursday, the 9th day of June 2022 / 19th Jyaishta, 1944
OP(C) NO. 660 OF 2022
EP 731/2021 IN RCP 9/2017 OF MUNSIFF COURT, KODUNGALLUR
PETITIONER/JUDGMENT DEBTOR/PETITIONER:
1. ONNUKURE AYIRAM YOGAM, LOKAMALLESWARAM VILLAGE, KODUNGALLUR TALUK,
REP. BY ITS SECRETARY, PADINJATTIL RAJEEV, AGED 57 YEARS, ONNUKURE
AYIRAM YOGAM, LOKAMALLESWARAM VILLAGE, KODUNGALLUR TALUK, THRISSUR
DISTRICT, PIN - 680664
And another.
RESPONDENT/DECREE HOLDER/RESPONDENT:
PRABHA, AGED 61 YEARS, S/O KAREZHATH ACHUTHAN, MADAVANA DESOM,
ERIYAD VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN - 680666.
Op (civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to
order stay of the execution proceedings in E.P No.731/2021 in R.C.P
No.9/2017 on the file of Munsiff Court, Kodungallur till the disposal of
the above OP(Civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of OP(C) and this court's order dated
01.04.2022 and upon hearing the arguments of M/S.HASHIM V.H., P.M.ABDUL
JALEEL (KODUNGALLUR), T.V.SHAJI & C.P.RAMESAN, Advocates for the
petitioners and of M/S.K.S.RAJESH, & M.SHAJU PURUSHOTHAMAN, Advocates for
the respondent, the court passed the following:
(P.T.O)
OP(C) No.660/2022 2/4
C.S. DIAS, J.
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O.P.(C) No.660 of 2022
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Dated this the 9th day of June, 2022
ORDER
Admitted.
2. Sri. K.S. Rajesh enters appearance for the respondent. He submits that as per the conciliation talks held on 03.08.2018, the parties entered into Ext.P3 compromise, which was recorded by the Lok Adalat, and Ext.P2 award was passed. The petitioners have completed the construction, but are refusing to hand over possession of the shop room to the respondent.
3. Sri. Hashim V.H., the learned counsel appearing for the petitioners submits that the petitioners have no objection in handing over the possession of shop room, but as they have not received the occupancy certificate of the building from the statutory authorities, they have a difficulty. Nonetheless, they are willing to hand over possession of the shop room to the respondent, on OP(C) No.660/2022 3/4 O.P.(C) No.660 of 2022 -2- condition that the respondent enters into an agreement with the petitioners as per the terms and conditions in Ext.P3.
4. In the light of the rival contentions and the pleadings on record, I stay all further proceedings in E.P.No.731/2021 in R.C.P. No.9/2017 on the file of the Munsiff's Court, Kodungallur, subject to condition that the petitioners hand over possession of the shop room, as specified in Ext.P3, to the respondent within a period of one week from today. Thereafter, the parties shall enter into the agreement as per the terms and conditions in Ext.P3. The respondent shall not commence any business in the shop room until further orders passed by this Court.
Post on 27.06.2022.
H/o.
Sd/-
C.S. DIAS
JUDGE
bpr
09-06-2022 /True Copy/ Assistant Registrar
OP(C) No.660/2022 4/4
APPENDIX OF OP(C) 660/2022
Exhibit P2 THE TRUE COPY OF AWARD DATED 3-8-2018 PASSED BY THE LOK
ADALATH, KODUNGALLUR IN R.C.P. 9/2017 ON THE FILE OF RENT CONTROL COURT, KODUNGALLUR.
Exhibit P3 THE TRUE COPY OF COMPROMISE PETITION DATED 3-8-2018 IN R.C.P. 9/2017 ON THE FILE OF RENT CONTROL COURT, KODUNGALLUR.