N. Anil Kumar vs N. Ravikumar
2021 Latest Caselaw 10761 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

       TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                         OP(C).No.640 OF 2021

       IN THE MATTER OF EA 17/15 IN E.P.44/14 IN OS 414/2010 OF
                         MUSNIFF COURT,ADOOR


PETITIONERS/JUDGMENT DEBTOR 2 & 3/DEFENDANT 2 & 3:

      1      N. ANIL KUMAR
             AGED 54 YEARS
             S/O. NANU,
             RESIDING AT PANACHILAMKANDATHIL SREESAILAM,
             ADOOR, PATHANAMTHITTA.

      2      SUVARNA ANILKUMAR
             AGED 46 YEARS
             W/O. N. ANILKUMAR,
             RESIDING AT PANACHILAMKANDATHIL SREESAILAM,
             ADOOR, PATHANAMTHITTA.

             BY ADV. SMT.BINDU SREEKUMAR

RESPONDENT/DECREEHOLDER/PLAINTIFF:

             N. RAVIKUMAR
             AGED 46 YEARS
             S/O. NANU, RESIDING AT PANACHILAMKANDATHIL
             SREESAILAM, ADOOR,
             PATHANAMTHITTA.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.640 OF 2021

                                      2




                              JUDGMENT

Dated this the 30th day of March 2021

The petitioners in this O.P are the defendants 2

and 3 in O.S.No.414/2010 on the file of the Munsiff Court,

Adoor. The ex-parte decree was obtained by the

respondent plaintiff herein against the petitiones. It is

submitted that the proceedings in execution pursuant to

the decree are pending in E.P.No.44/2014 on the file of

the same court.

2. This O.P. is filed seeking a declaration in the

summons in the suit served was not cop up and further

the execution proceedings are illegal.

3. I heard the learned counsel appearing for the

petitioners. It is submitted by the learned counsel that

R.S.A.326/2021 was filed before this Court challenging

the validity of the ex-parte decree and it is yet to be

admitted.

4. The learned counsel further submits that

special messenger has been taken out in the delay matter OP(C).No.640 OF 2021

which is also pending consideration before the appellate

court. The learned counsel submitted that the execution

proceedings may be ordered to be adjourned for some

time so that in the mean time, efforts could be taken for

getting the delay in filing appeal condoned.

In the result, this O.P. is disposed of directing

the court below to postpone the execution proceedings till

the date of re-opening of court after vacation.

This O.P. is disposed of accordingly.

Sd/-

T.V.ANILKUMAR JUDGE SMF OP(C).No.640 OF 2021

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN O.S.414/2010 DATED 31.10.2011 PASSED BY THE HONOURABLE MUNSIFF COURT, ADOOR.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN A.S.25/2013 DATED 01.10.2013 PASSED BY THE HONOURABLE DISTRICT JUDGE, PATHANAMTHITTA.

EXHIBIT P3 TRUE COPY OF THE EXECUTION PETITION E.P.44/14 DATED 10.03.2014 BEFORE THE HONOURABLE MUNSIFF COURT, ADOOR.

EXHIBIT P4 TRUE COPY OF THE ORDER IN E.A.17/15 DATED 02.03.2021 PASSED BY THE HONOURABLE EXECUTION COURT, ADOOR.

EXHIBIT P5 TRUE COPY OF THE PROCEEDING SHEET OF THE E.P.44/2014 O.S.414/2010 OF THE HONOURABLE EXECUTION COURT.

EXHIBIT P6 TRUE COPY OF THE OBSTRUCTION PETITION DATED 9.1.2021 SUBMITTED BY THE PETITIONERS.

EXHIBIT P7 TRUE COPY OF THE AFFIDAVIT IN O.S.414/10 DATED 15.11.2010 FILED BY THE RESPONDENT ALONG WITH THE PLAINT.

EXHIBIT P8 CERTIFICATE OF TREATMENT ISSUED TO THE 1ST PETITIONER BY THE DOCTOR ALAPPUZHA MEDICAL COLLEGE DATED 4.3.2021.

//TRUE COPY// PA TO JUDGE