Kerala High Court
Maliyekkalthodi Abdulla vs The Secretary, Anamangad Service ... on 28 June, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
OP(C) NO. 1293 OF 2024
EP 250/2022 IN ARC NO.232 OF 2019 OF MUNSIFF MAGISTRATE
COURT,PERINTHALMANNA
PETITIONER/RESPONDENT:
MALIYEKKALTHODI ABDULLA, AGED 58 YEARS
S/O KUNJIN MUSLIYAR, MALIYEKKALTHODI HOUSE,
ANAMANGAD VILLAGE PO, PERINTHALMANNA TALUK,
MALAPPURAM DISTRICT., PIN - 679357
BY ADVS.P.SAMSUDIN
LIRA A.B., NASRIN WAHAB
DEVIKA E.D.
RESPONDENT/PETITIONER:
THE SECRETARY, ANAMANGAD SERVICE CO-OPERATIVE BANK
LTDANAMANGAD PO, PERINTHALMANNA TALUK, MALAPPURAM
DISTRICT., PIN - 679357
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.1293/2024
-:2:-
JUDGMENT
The petitioner is the judgment debtor and the respondent is the decree holder. Execution Petition No.250/2022 has been filed to execute an arbitration award. The execution petition is still pending. In the meanwhile, the petitioner has approached this Court to permit him to pay the amount in equal monthly instalments.
When the original petition came up for admission, to show the bona fides of the petitioner, this Court directed the petitioner to remit ₹30,000/- towards the decree debt within ten days and the original petition has been adjourned to today. Today, when the matter is taken up, the learned counsel for the petitioner submits that the order has not been complied with. Hence, the prayer sought for in the original petition cannot be granted. Accordingly, the original petition is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE kp O.P.(C).No.1293/2024 -:3:- APPENDIX OF OP(C) 1293/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PETITION IN EP 250/2022 OF THE FILES OF MUNSIFF COURT PERINTHALMANNA DATED 30-09-2022. Exhibit P2 TRUE COPY OF THE COUNTER FILED BY THE PETITIONER HEREIN IN EP 250/2022 OF THE FILES OF MUNSIFF COURT PERINTHALMANNA DATED 24-07-2023.