IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
OP(C) NO. 494 OF 2022
AGAINST THE ORDER DATED 14.02.2022 IN EP 10/2018 IN OS
92/2013 OF SUB COURT, DEVIKULAM
PETITIONER/JUDGMENT DEBTOR NO.1/DEFENDANT NO.1:
DHANALAKSHMI,
AGED 57 YEARS,
W/O.LATE M.MARIMUTHU, HOUSE NO.1/220,
DHANASREEILLAM, NADUPPARAI JUNCTION,
CHINNAKKANAL P.O., IDUKKI - 685 618.
BY ADVS. P.B.KRISHNAN
P.B.SUBRAMANYAN
SABU GEORGE
MANU VYASAN PETER
RESPONDENT/DECREE HOLDER/PLAINTIFF
N. BHASKARA DAS,
AGED 46 YEARS,
S/O.A.NAGARATHINAM, DOOR NO.3,
RAJALINE STREET, THENI MUNICIPAL TOWN THENI
DISTRICT, TAMILNADU - 625 531.
BY ADV G.SREEKUMAR (CHELUR)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.494/2022
-:2:-
Dated this the 17th day of June,2022
JUDGMENT
The original petition is filed to set aside the order in E.P.No.10/2018 in O.S.No.92/2013(Ext.P6) passed by the Court for the Subordinate Judge, Devikulam.
2. When this original petition was taken up for consideration, the learned counsel appearing for the petitioner submitted that the petitioner is ready and willing to pay off the entire decree debt in 12 equated monthly instalments. The said request is not seriously opposed the respondent.
3. On a consideration of the pleadings and materials on record and the submission made by the respective counsel appearing for the parties, in exercise of the supervisory jurisdiction of this Court, I am inclined to allow the original petition.
In the result, the original petition is disposed of as follows:
(i) The petitioner shall pay off the entire O.P.(C)No.494/2022 -:3:- decree debt E.P.No.10/2018 of the above court, in 12 equated monthly instalments, commencing from 01.07.2022.
(ii) It is made clear that, in case the petitioners defaults in payment of one instalment, the execution court would be at liberty to resurrect E.P.No.10/2018 from the stage it has been stayed and proceed with the same in accordance with law and bring it to a logical conclusion.
Sd/-
C.S.DIAS,JUDGE
DST/17.06.22 //True copy/
P.A.To Judge
O.P.(C)No.494/2022
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APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PORTION OF
THE BOOK IN WHICH THE DETAILS REGARDING THE PROCEDURES AND PRESCRIPTIONS OF TREATMENT OF THE PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE MEDICAL CERTIFICATE FOR AVAILING ASSISTANCE FOR TREATMENT ISSUED BY THE ASSISTANT SURGEON OF THE PRIMARY HEALTH CENTRE, CHINNAKKANAL, DATED 16/02/2022.
EXHIBIT P3 A TRUE COPY OF E.P.NO.13 OF 2018 ON THE FILE OF THE SUB COURT, KATTAPPANA DATED 12/02/2018.
EXHIBIT P4 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN EP NO.10 OF 2018 ON THE FILE OF THE SUB COURT, DEVIKULAM, DATED 03/12/2019.
EXHIBIT P5 A TRUE COPY OF THE OBJECTION, DATED 01/11/2021 FILED BY THE PETITIONER. EXHIBIT P6 A TRUE COPY OF THE PROCEEDINGS DATED 14/02/2022 IN E.P.NO.10 OF 2018 IN O.S.NO.92 OF 2013 ON THE FILE OF THE SUB COURT, DEVIKULAM.
RESPONDENT'S EXHIBITS: NIL