Kolathuvadan Mammu vs Mohammed Kunhi
2021 Latest Caselaw 21168 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                         OP(C) NO. 1455 OF 2021
    AGAINST THE ORDER/JUDGMENT IN OS 7/2015 OF SUB COURT, TIRUR,
                               MALAPPURAM
PETITIONER/S:

           KOLATHUVADAN MAMMU
           AGED 85 YEARS
           S/O HYDRU,
           KOLATHUVADATH HOUSE, KURUMATHOOR AMSOM,
           ATHAVANAD DESOM, TIRUR TALUK, MALAPPURAM DISTRICT.

           BY ADV C.M.MOHAMMED IQUABAL



RESPONDENT/S:

           MOHAMMED KUNHI
           AGED 49 YEARS
           S/O P.V.SHADULI HAJI,
           KADEEJA MANZIL, P.O NARATH,
           KANNUR DISTRICT, PIN-670601.

           BY ADVS.
           JAMSHEED HAFIZ
           K.K.NESNA




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1455 OF 2021
                                   2



                             JUDGMENT

Dated this the 20th day of October 2021

The petitioner is the respondent in E.P No. 32 of 2020 in O.S

No.7of 2015 of the Sub Court, Tirur. The execution petition was

filed for enforcing a compromise decree dated 16.11.2019. The

limited challenge in the original petition is against Ext.P5 order

dated 6.08.2021, fixing the upset price and posting the execution

petition for sale on 17.09.2021. At the time of admission, learned

counsel submitted that the petitioner is ready and willing to pay

off the amount and the delay was only because of the time taken

for handing over the original documents to the petitioner and the

difficulties in raising funds due to the spread of Covid -19 and the

resultant lockdown. Hence, an interim order was granted on

condition of the petitioner remitting an amount of Rs. 10,00,000/-

(Rupees Ten Lakhs Only). It is submitted that the direction has

been complied with.

2. Heard the learned counsel for the petitioner and the OP(C) NO. 1455 OF 2021

learned counsel appearing for the respondent. Learned counsel

for the petitioner submitted that given ten months, the entire

decree amount will be paid off in installments The learned

counsel for the respondent pointed out that the compromise

decree is dated 16.11.2019 wherein, the date for making payment

was fixed as 5.4.2020. It is submitted that more than one and a

half years have been lapsed after that date and grant of ten

installments will cause substantial prejudice to the respondent.

In the result, the original petition is disposed of as follows;

i)The petitioner is granted eight months time to pay

off the balance decree amount with interest as

claimed in Ext.P2. The amount shall be paid of in

eight equal monthly installment.

ii)The first installment shall be paid on or before

20.11.2021 and the balance installments on or before

the 20th of the every succeeding month.

iii)In the event of the petitioner committing default in

payment of one installment, the benefit granted under OP(C) NO. 1455 OF 2021

this judgment will stand withdrawn and the execution

court will be at liberty to proceed from the stage at

which the execution was stopped.

Sd/-

V.G ARUN JUDGE

SJ OP(C) NO. 1455 OF 2021

APPENDIX OF OP(C) 1455/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE APPLICATION UNDER ORDER 23 RULE 3 OF CPC IN O.S. NO.7/2015 OF THE SUB COURT, TIRUR DATED 16.11.2019.

Exhibit P2 THE TRUE COPY OF E.P NO.32/2020 IN O.S. NO.

7/2015 OF THE SUB COURT, TIRUR DATED 20.05.2020.

Exhibit P3 THE TRUE COPY OF E.A. NO. 1/2021 IN E.P NO.

32/2020 IN OS.NO.7/2015 OF THE SUB COURT,TIRUR DATED 26.02.2021.

Exhibit P4 THE TRUE COPY OF THE COUNTER IN E.P.NO.

32/2020 IN O.S. N.7/2005 OF THE SUB COURT, TIRUR DATED 8/3/2021.

Exhibit P5 THE TRUE COPY OF THE DAILY STATUS OF E.P.NO.

32/2020 IN O.S. NO.7/2015 OF THE SUB COURT, TIRUR DATED 6/8/2021.