Kerala High Court
C.R.Arun Kumar vs Sarada on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA,
1943
OP(C) NO. 1997 OF 2021
AGAINST THE ORDER IN EP 77/2014 IN I.A.(FD).No.4969/2003
IN OS 1002/2000 OF II ADDITIONAL MUNSIFF COURT,
NEYYATTINKARA
PETITIONER/OBSTRUCTION PETITIONER
C.R.ARUN KUMAR,
AGED 37 YEARS,
S/O. CHITHAMBARAN, T.C. 48/684(1), RETHNA NIVAS,
AMBALATHARA, MANACAUD VILLAGE, POONTHURA P.O.,
THIRUVANANTHAPURAM-695026.
BY ADVS.
AYYAPPAN SANKAR
S.HRIDYA
RESPONDENTS/DECREE HOLDERS 2 TO 6 AND JUDGMENT DEBTORS
1 SARADA,
WIDOW OF PRABHAKARA PANICKER, THEKKEVILAKATHU
VEETTIL, THENKAVILA, KOTTUKAL DESOM, KOTTUKAL
PAKUTHY, KOTTUKAL P.O., THIRUVANANTHAPURAM-
695501.
2 GEETHA,
D/O. PRABHAKARA PANICKER, THEKKEVILAKATHU
VEETTIL, THENKAVILA, KOTTUKAL DESOM, KOTTUKAL
PAKUTHY, KOTTUKAL P.O., THIRUVANANTHAPURAM-
695501.
3 LATHA,
D/O. PRABHAKARA PANICKER, THEKKEVILAKATHU
VEETTIL, THENKAVILA, KOTTUKAL DESOM, KOTTUKAL
PAKUTHY, KOTTUKAL P.O., THIRUVANANTHAPURAM-
695501.
4 ANITHA,
D/O. PRABHAKARA PANICKER, THEKKEVILAKATHU
VEETTIL, THENKAVILA, KOTTUKAL DESOM, KOTTUKAL
PAKUTHY, KOTTUKAL P.O., THIRUVANANTHAPURAM-
695501.
O.P(C).No.1997/2021 2
5 SURESHKUMAR,
S/O. PRABHAKARA PANICKER, THEKKEVILAKATHU
VEETTIL, THENKAVILA, KOTTUKAL DESOM, KOTTUKAL
PAKUTHY, KOTTUKAL P.O., THIRUVANANTHAPURAM-
695501.
6 SREEDHARAPANICKER JAYA SUDHAN,
S/O. SREEDHARAPANICKER, KATTACHALKUZHI PUTHEN
VEEDU, VENGANOOR DESOM, VENGANOOR VILLAGE,
VENGANOOR P.O., THIRUVANANTHAPURAM-695527.
7 SREEDHARAPANICKER JAYA SUDEER,
S/O. SREEDHARAPANICKER, KATTACHALKUZHI PUTHEN
VEEDU, VENGANOOR DESOM, VENGANOOR VILLAGE,
VENGANOOR P.O., THIRUVANANTHAPURAM-695527.
8 VELAYUDHA PANICKER KARUNAKARA PANICKER,
MANALI VILAKATHU VEEDU, VENPAKAL DESOM,
ATHIYANOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT-
695123.
9 MEENAKSHI,
W/O. GOPALAN, PUSHPAKAM, TC XV 345.
GOVINDAMANGALAM LANE, VELLAYAMBALAM P.O.,
THIRUVANANTHAPURAM DISTRICT-695010.
10 GOPALAN RAJAN,
U.D.C. HIGHER SECONDARY EDUCATION OFFICE,
NANDAVANAM, VELLAYAMBALAM P.O.,
THIRUVANANTHAPURAM DISTRICT-695010.
11 PANKAJAKSHI SARADA,
T.C. 13/227. SREENILAYAM, KUNNUKUZHI, PATTOOR,
THIRUVANANTHAPURAM DISTRICT-695529.
12 SOMANATHAN RAVEENDRAN,
MURUGAVILASAM, SASTHAMANGALAM, ALTHARA LANE,
VELLAYAMBALAM, THIRUVANANTHAURAM DISTRICT-
695010.
13 SADASIVAN GOPAKUMAR,
L.D.C., GOVERNMENT VHSS, PARUTHIPALLY,
NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695541.
14 N. SADASIVAN,
RESHMI NILAYAM, CHAPPATH, KOTTUKAL VILLAGE,
KOTTUKAL P.O., THIRUVANANTHAPURAM-695501.
15 ROSAMMA VILASINI,
MANALIVILAKATHU VEEDU, VENPAKAL DESOM,
ATHIYANNOOR P.O., THIRUVANANTHAPURAM DISTRICT-
695123.
O.P(C).No.1997/2021 3
16 MEENAKSHY THARA,
T.C. 3/2765, ALUMOODU, PATTOM P.O.,
THIRUVANANTHAPURAM DISTRICT-695004.
17 NALINI,
W/O. SADASIVAN (SUPERVISOR), KELTRON COUNTERS,
SREEKARIYAM, THIRUVANANTHAPURAM DISTRICT-695017.
18 GOPALAN PRAKASHAN,
PUSHPAKAM, T.C. 15/345, GOVINDAMANGALA LANE,
VELLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT-
695010.
19 GOPALAN PRASAD,
PUSHPAKAM, T.C. 15/345, GOVINDAMANGALA LANE,
VELLAYAMBALAM, THIRUVANANTHAPURAM-695010.
OTHER PRESENT:
ADV.G.S.RAGHUNATH FOR RESPONDENTS
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
A. BADHARUDEEN, J.
================================
O.P(C).No.1997 of 2021
================================
Dated this the 3rd day of November, 2021
JUDGMENT
This Original Petition has been filed with a prayer to call for
the records and examine the legality and propriety of proceedings
of Executing Court (additional Munsiff Court-II), Neyyattinkara
in E.P.No.77/2014 in I.A.No.4969 of 2003 in O.S.No.1002/2000.
An interim order staying all further proceedings in
E.P.No.77/2014 also was sought for. Direction to issue certified
copy of order pronounced on 02.11.2021, as prayed for in
Exts.P12 and P13 applications, is another prayer.
2. The learned counsel for the petitioner submits that the
obstruction petition filed as Ext.P4 during 2015 was dismissed by
the execution court on 02.11.2021 and no copy thereof was
issued.
3. Accordingly, he canvassed an interim stay of the
delivery ordered by the execution court, after dismissing the
obstruction petition.
4. The learned counsel Shri G.S.Raghunath, appearing
for the decree holder, would submit that the petitioner herein
purchased some property during the pendency of the Suit from
the 8th respondent forming part of the final decree matter and after
having got possession of the same, unnecessarily, delivery of the
decree schedule property had been obstructed. He submitted
further that, in fact, delivery of the property already has been
effected and now the execution court is considering putting up of
boundaries alone. He submitted further that the petitioner is
playing delayed tactics without adducing evidence even after 6
years of filing the obstruction petition.
5. Going by the available records, the above said details
could not be gathered. However, it appears that the subject
matter involves partition of properties started in the year 2000
and till now the decree holder is not in a position to enjoy the
fruits of the decree because of obstructions. The present
obstruction petition, in fact, was filed during 2015. It is
submitted by the learned counsel for the respondent that this
petition itself is not maintainable and the same got once
dismissed for default since the petitioner failed to adduce
evidence even after availing repeated opportunities. Thus
delayed tactics could not be ruled out.
6. Now the only question to be considered is whether any
interim stay is liable to be granted in the given facts of this case
to stall the proceedings of execution in E.P.No.77/2014, taking
note of the fact that the suit is of the year 2000. I am of the view
that no interim order is liable to be passed in this matter so as to
obstruct putting up of boundaries to a property which was already
delivered without objection or by overruling the objection if any.
7. Thus the interim prayer stands disallowed.
8. The learned counsel for the petitioner would submit
that direction to the Munsiff may be issued to issue certified copy
of the order dated 02.11.2021 passed in the obstruction petition.
9. In this O.P, the petitioner did not specifically challenge
the dismissal of the obstruction petition. But the prayer is to call
for the records and to examine the legality of execution
proceedings. Such a prayer cannot be allowed unless any
illegality is specifically pointed out. Dismissal of the obstruction
petition is the plank on which the petition arose. The reasons for
dismissal of the said petition can be gathered only when its copy
will be produced. As such the prayer for call for the entire
records to stall the execution proceedings in relation to a partition
matter of 2000 cannot be allowed.
10. Coming to the 2nd prayer regarding non-issuance of
certified copy of order in the obstruction petition, it has to be
observed that today on 03.11.2021 at 10.30 a.m the learned
counsel for the petitioner sought permission to move the matter
highlighting non-issuance of copy of order dated 02.11.2021 (i.e,
the order passed yesterday). The said attitude would show that
the petitioner not waited even for 24 hours to obtain copy of the
order after filing Exts.P12 and P13 applications. I do not think
that the Executing Court willfully not issued the certified copy of
the order and certified copy of the order will be issued on next
day or within two-three days after preparing the fair order. As
such the said prayer also found to be premature.
In view of the above discussion, the Original Petition itself
is dismissed as found to be meritless.
Sd/-
(A. BADHARUDEEN, JUDGE)
rtr/
APPENDIX OF OP(C) 1997/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF SALE DEED NO.
1794/2007 DATED 28/07/2007 OF VENGANOOR
SRO.
Exhibit P2 TRUE PHOTOCOPY OF LAND TAX REMITTANCE
RECEIPT DATED 22/09/2014 ISSUED FROM
VILLAGE OFFICE, KOTTUKAL.
Exhibit P3 TRUE PHOTOCOPY OF SETTLEMENT DEED
NO.2065/2014 DATED 24/09/2014 OF
VENGANOOR SRO.
Exhibit P4 TRUE PHOTOCOPY OF THE OBSTRUCTION
PETITION DATED NIL PENDING AS EA NO.
199/2015 IN EP NO.77/2014 IN IA
NO.4969/2003 IN OS NO.1002/2000 ON THE
FILE OF THE ADDITIONAL MUNSIFF'S COURT-
II, NEYYATTINKARA.
Exhibit P5 TRUE PHOTOCOPY OF THE EXECUTION
PETITION DATED 15/03/2014 IN EP
NO.77/2014 IN IA NO.4969/2003 IN OS
NO.1002/2000 ON THE FILE OF ADDITIONAL
MUNSIFF'S COURT-II, NEYYATTINKARA.
Exhibit P6 TRUE PHOTOCOPY OF THE FINAL DECREE FOR
PARTITION DATED 30/06/2011 IN IA
NO.4969/2003 IN OS NO.1002/2000 ON THE
FILE OF ADDITIONAL MUNSIFF'S COURT-II,
NEYYATTINKARA.
Exhibit P7 TRUE PHOTOCOPY OF THE DECREE PLAN
APPENDED TO EXHIBIT P6 FINAL DECREE IN
IA NO.4969/2003 IN OS NO.1002/2000.
Exhibit P8 TRUE PHOTOCOPY OF THE OBJECTION DATED
20/02/2020 FILED ON BEHALF OF THE
DECREE HOLDERS.
Exhibit P9 TRUE PHOTOCOPY OF THE JUDGMENT DATED
08/09/2021 OF THIS HONOURABLE HIGH
COURT IN OPC NO. 607/2021.
Exhibit P10 TRUE PRINTOUT OF THE CHIEF AFFIDAVIT IN
EP NO.77/2014 IN OS NO.1002/2000 ON THE
FILE OF 2ND ADDITIONAL MUNSIFF'S COURT,
NEYYATTINKARA DATED 25/10/2021.
Exhibit P11 TRUE PHOTOCOPY OF THE WITNESS SCHEDULE
IN EP NO.77/2014 IN OS NO.1002/2000 ON
THE FILE OF 2ND ADDITIONAL MUNSIFF'S
COURT, NEYYATTINKARA DATED 26/10/2021.
Exhibit P12 TRUE PHOTOCOPY OF THE APPLICATION DATED
02/11/2021 FOR ISSUANCE OF URGENT
CARBON COPY OF ORDER PRONOUNCED ON
02/11/2021 MECHANICALLY DISMISSING
EXHIBIT P4 OBSTRUCTION PETITION, VIZ.
EA NO. 199/2015 IN EP NO.77/2014 IN OS
NO.1002/2000 WITHOUT ANY ADJUDICATION
ON MERITS.
Exhibit P13 TRUE PHOTOCOPY OF THE APPLICATION DATED
02/11/2021 FOR ISSUANCE OF URGENT
CARBON COPY OF ORDER PRONOUNCED ON
02/11/2021 IN EA NO. 2/2020 IN EP
NO.77/2014 IN OS NO.1002/2000 TO EFFECT
DELIVERY WITH POLICE ASSISTANCE.
