Kerala High Court
Shabu C.M vs Shejith K.A on 4 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
OP(C).No.1377 OF 2020
I.A.NO.6067/2019 IN E.P.NO.141/2014 IN O.S.NO.814/2013 OF SUB
COURT,THRISSUR
PETITIONER/DECREE HOLDER:
SHABU C.M
AGED 43 YEARS, S/O.MUHAMMEDALLY,
CHERUVAYIL HOUSE,VIRUPPAKKA VILLAGE,
THALAPPILLY TALUK, VAZHANI.P.O,
THRISSUR DISTRICT, PIN-680589.
BY ADVS.
SRI.MADHU RADHAKRISHNAN
SRI.NELSON JOSEPH
SRI.M.D.JOSEPH
SHRI.DEEPAK ASHOK KUMAR
RESPONDENT/JUDGMENT DEBTOR:
SHEJITH K.A
AGED 33 YEARS, S/O.AVARU,
KULAMBIL PADINJAKKARA HOUSE,
VAZHANI.P.O,VIRUPPAKKA VILLAGE,
THALAPPILY TALUK,THRISSUR DISTRICT,
PIN-680589.
R1 BY ADV. SRI.K.DILIP
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) No.1377/2020 2
JUDGMENT
Dated this the 4th day of February 2021
The decree holder in E.P.No.141 of 2014 in O.S.No.814 of
2013 of Sub Court, Thrissur is before this Court in this Original
Petition initiated under Article 227 of the Constitution of India.
He seeks a direction to be issued to the execution court to take
up I.A.No.6067 of 2019, which was formerly E.A.No.513 of 2019
on the execution side and decide the matter in accordance with
law.
2. It appears that during the pendency of O.S.No.814 of
2013, the matter was referred to Lok Adalath which passed
Exhibit P1 award dated 14.6.2013. When the matter was sought
to be executed before the execution court, the judgment
debtor/respondent took up a contention that his liability ceased
to exist inasmuch as the entire amount due under the award was
already paid. He filed E.A.No.513 of 2019 under Order 21 Rule
2 of the Code of Civil Procedure seeking an order certifying
payment of the amounts made. While the enquiry was being
held, it is submitted that the execution court ordered the I.A. to
be renumbered as I.A.No.6067 of 2019. This order of the court
below is challenged in this proceeding.
3. Looking at Order 21 Rule 2 of C.P.C, it is
transparently clear that decision as to certification of payment is
liable to be made only by a court which has the power to
execute the decree. This legal position was conceded by the
learned counsel appearing on both sides. It necessarily follows
that the demand being made for certification of payment could
be decided only on the execution side of the court. Therefore,
the order directing renumbering of E.A.No.513 of 2019 as
I.A.No.6067 of 2019 is bad under law and it is therefore liable to
be set aside.
In the result, O.P.(C) is allowed setting aside the direction
given by the court to renumber E.A.513 of 2019 as I.A.No.6067
of 2019. It is directed that E.A.No.513 of 2019 shall be taken
back on execution side and decided. The actual issue arising in
the matter shall be decided on evidence after holding necessary
enquiry in accordance with law. The question as to whether the
claim for certification is time barred shall also be taken up and
decided in accordance with law.
Sd/-
T.V.ANILKUMAR
JUDGE
csl
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AWARD OF THE LOK
ADALAT DATED 14.06.2013
EXHIBIT P2 TRUE COPY OF THE E.P.NO.141/2014 FILED
BY THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE OBJECTIONS FILED BY
THE RESPONDENT IN E.P.NO.141/2014
EXHIBIT P4 TRUE COPY OF THE PROOF AFFIDAVIT FILED
BY THE JUDGMENT DEBTOR BEFORE THE SUB
COURT,THRISSUR DATED 1.9.2016
EXHIBIT P5 TRUE COPY OF THE E.A.NO.513/2019 BEFORE
THE SUB COURT,THRISSUR DATED 25.6.2019
EXHIBIT P6 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER/DECREE HOLDER BEFORE THE SUB
COURT, THRISSUR DATED 6.7.2019
EXHIBIT P7 CERTIFIED COPY OF THE PROCEEDINGS IN
E.A.NO.513/2019 IN E.P.NO.141/2014 IN
OS NO.814/2013 OF THE PRL.SUB
COURT,THRISSUR.
EXHIBIT P8 CERTIFIED COPY OF THE DIARY PROCEEDINGS
IN E.P.NO.141/2014 IN O.S.NO.814/2013
OF THE PRL.SUB JUDGE,THRISSUR.
