IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
OP(C) NO. 1721 OF 2019
AGAINST E.P.NO:152/2016 IN O.S.NO.:254/2007 ON THE FILE OF THE SUBORDINATE
JUDGE, KOLLAM
PETITIONER:
SREEDEVI AMMA,
AGED 52 YEARS,
D/O ESWARI AMMA,
ESWARA VILASAM, THEKKEVILA CHERRY,
MUNDAKKAL VILLAGE, KOLLAM
BY ADVS.
B.MOHANLAL
SMT.P.S.PREETHA
RESPONDENT:
VIJAYARAGHAVA KURUP
S/O KUNJUKRISHNA KURUP,
KAMALALAYAM VEEDU, KALKULANGARA,
THIRUMULLAVARAM P.O.KOLLAM-691 012.
BY ADVS.
DR.K.P.SATHEESAN (SR.)
SRI.P.MOHANDAS (ERNAKULAM)
SRI.S.VIBHEESHANAN
SRI.K.SUDHINKUMAR
SRI.S.K.ADHITHYAN
SRI.SABU PULLAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.1721 of 2019
2
JUDGMENT
Dated this the 23rd day of June, 2022 The original petition is filed to set aside Ext.P6 proclamation notice in E.P.No.152/2016 in O.S. No.254/2007 of the Court of the Subordinate Judge, Kollam.
2. The facts in brief, in the original petition is that, the petitioner is the judgment debtor in the above execution petition filed by the respondent, seeking to realise an amount of Rs.2,00,000/- with interest. Even though the petitioner had filed Ext.P2 objection to Ext.P1 execution petition, the court below has proceeded with the execution. Thereafter, Ext.P6 proclamation notice has been published. Ext.P6 is erroneous and wrong. Hence, the original petition.
3. When this original petition came up for consideration on 27.06.2019, this Court stayed Ext.P6 O.P.(C)No.1721 of 2019 3 on condition that the petitioner deposits Rs.1,00,000/- within one month. Subsequently, several orders have been passed by this Court. Finally, on 24.05.2022, the petitioner undertook to pay off the entire decree debt within one month from the said date. However, the undertaking has not been complied with.
4. Heard; Sri.B.Mohan Lal, the learned counsel appearing for the petitioner and Sri.Sabu Pullan, the learned counsel appearing for the respondent.
5. Sri.B.Mohan Lal submitted that the limited prayer of the petitioner is to pay off the balance amount within a period of two months from today. The said request is not seriously opposed by Sri.Sabu Pullan, but urges that this Court may direct the court below to release the amount already deposited by petitioner before the court below, pursuant to the orders of this Court.
6. In the light of the pleadings and materials on record and the submissions made across the Bar, I am O.P.(C)No.1721 of 2019 4 inclined to allow the original petition as follows:-
(i) The petitioner shall pay the balance decree debt in E.P.No.152/2016 in one or two installments, as per her choice, on or before 31.08.2022.
(ii) The amount lying in deposit before the court below, deposited pursuant to the orders of this Court by the petitioner, shall be released to the respondent in accordance with law.
(iii) If the petitioner fails to avail the benefit of this judgment, the execution court shall proceed with E.P.No.152/2016 from the stage it has been stayed and bring it to its logical conclusion in accordance with law. The original petition is ordered accordingly.
Sd/-
C.S.DIAS Judge NR/23/06/2022 O.P.(C)No.1721 of 2019 5 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE EXECUTION APPLICATION, AFFIDAVIT AND SCHEDULE OF PROPERTY. EXHIBIT P2 THE TRUE COPY OF THE NOTICE DATED 15.5.2019 ISSUED BY THE MAYYANAD REGIONAL CO-OPERATIVE BANK LIMITED NO 94, KOLLAM TO THE PETITIONER EXHIBIT P3 THE TRUE COPY OF THE TAX RECEIPT DATED 31.5.2016 ISSUED BY THE VILLAGE OFFICER, MUNDAKKAL VILLAGE TO THE PETITIONER EXHIBIT P4 THE TRUE COPY OF THE APPLICATION DATED 14.6.2019 FILED BY THE PETITIONER BEFORE THE THAHASILDAR, KOLLAM EXHIBIT P5 THE TRUE COPY OF THE PROCLAMATION SUBMITTED BY THE RESPONDENT FOR SALE OF THE PETITIONERS PROPERTY EXHIBIT P6 THE TRUE COPY OF THE PROCLAMATION FOR SALE OF THE PROPERTY OF THE SUBORDINATE JUDGE IN E.P NO 152/2016 IN O.S NO.254/2007 //TRUE COPY// PA TO JUDGE