Kerala High Court
Sreesubha vs Babusreedhar on 8 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
OP(C).No.70 OF 2021
E A NO.2/2021 IN EP NO. 51/2016 IN OS 65/2010 OF MUNSIFF
COURT,KAYAMKULAM
......
PETITIONER/ADDL. DEFENDANT 9/JUDGMENT DEBTOR NO.7:
SREESUBHA
AGED 53 YEARS
W/O. RAJU, AKHIL VILLA, KAPPIL WEST MURI,
KRISHNAPURAM VILLAGE, ALAPPUZHA-690 533
BY ADVS.
SRI.M.T.SURESHKUMAR
SRI.R.RENJITH
RESPONDENTS/DECREE HOLDER/JUDGMENT DEBTOR 1,3 TO 6 & 9 TO 11:
1 BABUSREEDHAR
AGED 60 YEARS,
S/O.SREEDHARAN, VATTAKKADDU HOUSE,
KAPPIL WEST MURI, KRISHNAPURAM VILLAGE,
ALAPPUZHA-690 533
2 BALASUBRAHMANYAM
AGED 76 YEARS,
S/O. MADHAV PANICKER,
NOW RESIDING AT FLAT NO.101,
VEMBANADU GARDENS, THAMMANAM, KOCHIN-32,
REPRESENTED BY HIS POWER OF ATTORNEY SREESUBHA, AGED
53 YEARS, W/O. RAJU, AKHIL VILLA, KAPPIL WEST MURI,
KRISHNAPURAM VILLAGE, ALAPPUZHA-690 533
3 SASIKUMARI,
AGED 51 YEARS
W/O. BALACHANDRAN, MAVANALVEEDU,
KANDALLOORTHEKKUMMURI, KANDAMLLOOR VILLAGE,
ALAPPUZHA-690 535
4 SHEEJA
AGED 59 YEARS
W/O. RAJU, PERUMATHAMPALLIYIL,
PUTHUPPALLYTHEKKUMMURI, PUTHUPPALLY VILLAGE,
ALAPPPUZHA-690 527
OP(C).No.70 OF 2021
5 ANILKUMAR
AGED 59 YEARS
S/O. SUKUMARAPANICKER, SEVA GRAM VEEDU,
KAPPILTHETTHUMMURI, KRISHNAPURAM VILLAGE,
ALAPPUZHA-690 533
6 AJAYAKUMAR
AGED 59 YEARS
S/O. SUKUMARAPANICKER, SEVA GRAM VEEDU,
KAPPILTHETTHUMMURI, KRISHNAPURAM VILLAGE,
ALAPPUZHA-690 533
7 SHEEBA
W/O. DEVARAJAN, PERUMBBALATHVEEDU, KAPPIL WEST
KRISHNAPURAM,ALAPPUZHA-689 126
8 AKHIL RAJ
AGED 47 YEARS
S/O. RAJU, MURUGALAYAM @ AKHIL VILLA,
KAPPILMEKKUMMURI, KRISHNAPURAM VILLAGE,
ALAPPUZHA-690 533
9 ANJURAJ,
AGED 27 YEARS
D/O. SREESUBHA, AKHIL VILLA, KAPPIL WEST MURI,
KRISHNAPURAM VILLAGE, ALAPPUZHA-690 533
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
==================
O. P. (C) No.70 of 2021
==================
Dated this the 8th day of January, 2021
JUDGMENT
RSA 555/2020 challenging the decree in OS
65/2010 of the Munsiff's Court, Kayamkulam is
pending consideration before this Court. The appeal
is accompanied by a delay condonation application
which is yet to be ordered. In the meanwhile,
proceedings for execution of the decree is taken in
EP 51/2016, is the grievance of the petitioner.
2. The petitioner points out that this Court
has in OP 1880/2020 given a direction to the trial
court to dispose of the execution proceedings
within four months from 22.12.2020. The pendency of
the regular second appeal was not brought to the
notice of the Court, while passing the said
judgment, submits the counsel. It is stated that
the petitioner is seeking modification of the
directions in the said judgment in appropriate
proceedings. In the meanwhile, Ext.P5 application -
EA 2/2021 has been filed by the petitioner in EP
O. P. (C) No.70 of 2021
:- 2 :-
51/2016 in OS 65/2010 before the Munsiff's Court
under Order XXI Rule 26 CPC seeking stay of
execution of the decree.
I dispose of this original petition directing
the execution court to pass orders on EA 2/2021
before proceeding with steps in execution.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
OP(C).No.70 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 22.12.2020
IN OP(CIVIL) NO.1880 OF 2020 BEFORE THIS
HON'BLE COURT
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN OS NO.65/2010
ON THE FILE OF THE MUNSIFF COURT,
KAYAMKULAM DATED 31.1.2015
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATD 24.7.2019 IN
AS NO.50/2015 ON THE FILE OF THE ADDITIONAL
DISTRICT JUDGE-III, MAVELIKKARA
EXHIBIT P4 TRUE COPY OF THE PETITION AND AFFIDAVIT IN
EA NO.76/2020 DATED 21.10.2020 IN EP
NO.51/2016 IN OS NO.65/2010 ON THE FILE OF
THE MUNSIFF COURT, KAYAMKULAM
EXHIBIT P5 TRUE COPY OF THE PETITION AND AFFIDAVIT IN
EA NO.2/2020 IN EP NO.51/2016 IN OS
NO.65/2010 ON THE FILE OF THE MUNSIFF
COURT, KAYAMKULAM DATED 6.1.2021
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