Leela C.J. @ Sr. Regina John vs Life Insurance Corporation Of ...
2021 Latest Caselaw 20022 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                         EX.FA NO. 2 OF 2021
  AGAINST THE ORDER/JUDGMENT DATED 19/10/2020 E.A.NO.990/2019 IN
        E.P.NO.156/2010 IN OS 401/2013 OF SUB COURT, KOZHIKODE
PETITIONER/APPELLANTS:

            LEELA C.J. @ SR. REGINA JOHN, AGED 57 YEARS,
            D/O. JOHN, SOCIETY OF PRESENTATION SISTERS PRESENTATION
            CONVENT, CHEVAYUR AMSOM, KOZHIKODE TALUK, REPRESENTED
            BY ITS POWER OF ATTORNEY HOLDER SR. JEENA SEBASTIAN,
            AGED 61 YEARS, D/O. SEBASTIAN, SOCIETY OF PRESENTATION
            SISTERS, PRESENTATION CONVENT, CHEVAYUR,
            KOZHIKODE 673 017

            BY ADVS.
            JOJU KYNADY
            SRI.A.ABDUL NABEEL



RESPONDENTS:

    1       LIFE INSURANCE CORPORATION OF INDIA,
            REPRESENTED BY SENIOR DIVISIONAL MANAGER, KOZHIKODE
            DIVISION HAVING ITS OFFICE AT JEEVAN PRAKASH,
            PB NO. 177, HUZUR ROAD, KOZHIKODE 673 001

    2       THE DIVISIONAL OFFICE,
            LIFE INSURANCE CORPORATION OF INDIA, REPRESENTED BY
            SENIOR DIVISIONAL MANAGER, JEEVAN PRAKASH, PB NO. 177
            HUZUR ROAD, KOZHIKODE 673 001

            BY ADV SRI.S.EASWARAN




     THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 EX.FA NO. 2 OF 2021                  2



                                  JUDGMENT

This appeal is against the order allowing review

in execution proceedings. It is submitted that yet

another suit was also there, wherein there was a

deposit of Rs.10 lakhs which was taken into

consideration by way of discharge to the decree amount

involved in the present suit. There are some factual

mistakes committed, as such, it is fairly conceded by

the learned counsel for the appellant that an open

remand of the matter would serve the purpose. Hence,

without altering the order granting review of the

matter, directions are issued to the Execution Court

to consider the matter afresh after giving

opportunities to both the parties untrammelled by the

observation contained in the impugned order as well as

the present order. There will be a direction to the

Execution Court to dispose of the matter within a time

schedule of four months from the date of appearance of

the parties. The parties shall appear before the

Execution Court on 06/10/2021.

The appeal will stand dismissed accordingly with

the abovesaid directions. No costs.

Sd/-

P.SOMARAJAN JUDGE msp

APPENDIX OF EX.FA 2/2021

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF COMMON JUDGMENT DATED 7TH OCTOBER 2015 IN OS 348/2013 AND OS 401/2013

ANNEXURE A2 TRUE COPY OF COMMON JUDGMENT DATED 29 SEPTEMBER 2018 IN AS 23/2016 IN OS 348/2013 AND AS 24/2016 IN 401/2013

ANNEXURE A3 TRUE COPY OF IA NO. 2244/2018 IN OS 401/2018 FILED BY LIC BEFORE SUBORDINATE JUDGES COURT AT KOZHIKODE

ANNEXURE A4 TRUE COPY OF EXECUTION PETITION EP NO.

156/2019 IN OS NO 401/2013 ON THE FILES OF SUBORDINATE JUDGES COURT AT KOZHIKODE

ANNEXURE A5 TRUE COPY OF EXECUTION APPLICATION EA NO.

990/2019 IN EP NO. 156/2019 IN OS NO. 401/2013 ON THE FILES OF SUBORDINATE JUDGES COURT AT KOZHIKODE

ANNEXURE A6 TRUE COPY OF ORDER DATED 29-11-2019 IN EA 848/2019 IN EP 156/2019 IN OS 401/2013

RESPONDENTS ANNEXURES:

ANNEXURE R1(A) TRUE COPY OF THE ORDER DATED 1.2.2020 IN EA 990/2019 IN EP NO.156/2019 IN OS NO.401 OF

ANNEXURE R1(B) TRUE COPY OF THE JUDGMENT DATED 13.3.2020 IN EX.FA.NO.6 OF 2020