Shafeeque vs Sudhakaran
2021 Latest Caselaw 12565 Ker

OP(C) NO. 1015 OF 2021             1

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
       THE HONOURABLE MR. JUSTICE SUNIL THOMAS
 WEDNESDAY, THE 26TH DAY OF MAY 2021 / 5TH JYAISHTA,
                           1943
                   OP(C) NO. 819 OF 2021


(AGAINST THE ORDER DATED 18.02.2021 AND 20.03.2021 IN
  EA.NO.68/2021 IN EP.NO.6/2020 IN PLP.NO.1487/2019
    BEFORE THE MUNSIFF COURT, WADAKKANCHERRY)
PETITIONER/PETITIONER/JUDGMENT DEBTOR:

         SHAFEEQUE
         S/O.KALLINGALPARAMBIL ABDUL LATHEEF,
         CHELAKKARA VILLAGE, THALAPPILLY TALUK,
         THRISSUR DISTRICT.

         BY ADV K.M.ANEESH



RESPONDENT/RESPONDENT/DECREE HOLDER:

         SUDHAKARAN
         S/O.LATE APPU NAIR, AMRUTH NIVAS, CHELAKKARA
         VILLAGE, THALAPPILY TALUK, OPP. TO LPGHS
         SCHOOL, CHELAKKARA P.O., THRISSUR PIN 680 586




         ADV.RENJITH MARAR FOR RESPONDENT


THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(C) NO. 1015 OF 2021             2



                         JUDGMENT

Heard the learned counsel for the petitioner and

the learned cousel Mr.Renjith Marar, who took notice

for the respondent.

2. After hearing both sides, I do not find any

merit in the contentions set up by the petitioner.

However, the learned counsel for the petitioner its all

earnestness as a last option suggested that his party is

also attempting for sometype of settlement. Having

considered the submission of the learned counsel for

the petitioner, I am inclined to dispose of the Original

Petition (C) itself by directing the court below to keep

the delivery in abeyance till 28.06.2021. Parties shall

try to settle in the meanwhile. If no settlement is

arrived at in the meanwhile, the court shall proceed

with the delivery proceedings on 28.06.2021.

OP(C) is disposed of with the above directions.

Sd/-

SUNIL THOMAS, JUDGE

R.AV

APPENDIX

PETITIONER'S/S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE AWARD ALONG WITH THE COMPROMISE AGREEMENT DATED 26.07.2019

EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED 18.02.2021 IN E.P.N.6/2020 OF THE MUNSIFF COURT, WADAKKANCHERY

EXHIBIT P3 TRUE COPY OF THE E.A.NO.68/2021 IN E.P.NO.6/2020 FILED BY THE PETITIONER

EXHIBIT P4 THE TRUE COPY A DIARY PROCEEDINGS DATED 20.03.2021 IN WP NO.6/2020 OF THE MUNSIFF COURT,WADAKKANCHERY

RESPONDENT'S/S NIL EXHIBITS