IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
OP(C) NO. 869 OF 2022
AGAINST THE ORDER DATED 09.02.2022 IN CMA 45/2020 OF
PRINCIPAL SUB COURT,IRINJALAKUDA
PETITIONER/APPELLANTS/JUDGMENT DEBTORS/DEFENDANTS:
1 AJITH KUMAR,
AGED 48 YEARS,
S/O THEVALI SUBRAMANIAN,
AZHIKODE
VILLAGE AND DESOM,
KODUNGALUUR THALUK,THRISSUR DISTRICT,
PIN - 680666
2 KARTHYAYANI,
AGED 74 YEARS,
W/O THEVALI SUBRAMANIAN,AZHIKODE
VILALGE AND DESOM,KODUNGALUUR THALUK,
THRISSUR DISTRICT,
PIN - 680666
BY ADVS. K.S.RAJESH
M.SHAJU PURUSHOTHAMAN
RESPONDENTS/RESPONDENTS/DECREE HOLDERS/PLAINTIFFS:
1 SREEVIDYAPRAKASINI SABHA,
METHALA VILLAGE,ELTHURUTHU DESOM,
KODUNGALLUR TALUK REPRESENTED BY IT'S PRESIDENT
RAVI,AGED 69 YEARS,
PENSIONER,S/O KOLLIKKATHARA KRISHNAN,
LOKAMALLESWARAM VILLAGE AND DESOM,
KODUNGALLUR TALUK,THRISSUR DISTRICT,
PIN - 680664
2 SREEVIDYAPRAKASINI SABHA,
METHALA VILLAGE, ELTHURUTHU DESOM,
KODUNGALLUR TALUK REPRESENTED BY IT'S
SECRETARY,WRITER,JYOTHIRMAYAN,
AGED 41 YEARS,S/O PULICKAL PRABHASAN,
O.P.(C)No.869/2022
-:2:-
METHALA VILLAGE AND DESOM,
KODUNGALLUR TALUK,THRISSUR DISTRICT,
PIN - 680669
3 SREEVIDYAPRAKASINI SABHA,
METHALA VILLAGE, ELTHURUTHU DESOM,
KODUNGALLUR TALUK REPRESENTED BY IT'S TREASURER
BAIJU,AGED 41 YERS,WRITER,S/O AIRATT
LAKSHMANAN,METHALA VILLAGE AND DESOM,
KODUNGALLUR THALUK,THRISSUR DISTRICT,
PIN - 680669
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.869/2022
-:3:-
Dated this the 31st day of May,2022
JUDGMENT
The original petition is filed to permit the petitioners to pay off the decree debt in E.P.No.7/2017 in O.S.No.1585/2014 of the court of the Munsiff, Kodungallur in ten equated monthly instalments.
2. The petitioners' case, in brief, in the original petition is that, they are the judgment debtors in the above numbered execution petition. The petitioners have suffered a decree to the tune of Rs.1,79,240/- with interest. The respondents have put the decree to execution, by seeking for sale of the petitioners' properties. Even though the petitioners had filed an application to set aside the sale, the same was dismissed and the order was confirmed by the court of the Subordinate Judge, Irinjalakuda, in O.P.(C)No.869/2022 -:4:- C.M.A.No.45/2020. The petitioners are ready to pay off the entire decree debt in 10 equated monthly instalments. Hence, the original petition.
3. Heard; Sri. K.S. Rajesh, the learned counsel appearing for the petitioners and Sri.P. Ramakrishnan, the learned counsel appearing for the respondents.
4. The learned counsel appearing for the respondents, on instructions, submits that the respondents have no objection in permitting the petitioners to pay off the entire decree debt in 10 equated monthly instalments. The said submission is recorded.
5. In the light of the submission made by the learned counsel appearing for the respondents, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I dispose of the original petition by directing the petitioners to pay off the entire decree debt in E.P.No.7/2017 of the court of O.P.(C)No.869/2022 -:5:- the Munsiff, Kodungallur, in 10 equated monthly instalments, commencing from 01.07.2022. It is made clear that, in case the petitioners defaults in payment of one instalment, the execution court would be at liberty to proceed with the execution in E.P.No.7/2017 from the stage it has been stopped. Needless to mention, if the entire decree debt is paid, the sale that has taken place will stand set aside.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS,JUDGE
DST/31.05.22 //True copy/
P.A.To Judge
O.P.(C)No.869/2022
-:6:-
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION TO SET ASIDE
THE SALE EA 187/2019 IN EP 7/2017 IN OS 1585/2014 OF THE MUNSIFF COURT,KODUNGALLUR DATED 2.2.2019 EXHIBIT P2 TRUE COPY OF THE ORDER DATED 17.6.2019 PASSED BY THE MUNSIFF COURT,KODUNGALLUR IN EA 187/2019 EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 9.2.2022 PASSED BY THE PRINCIPAL SUB COURT, IRINJALAKUDA IN CMA 45/2020 RESPONDENT'S EXHIBITS: NIL