Kerala High Court
M.Prakashan vs Suresh R on 24 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Friday, the 24th day of September 2021 / 2nd Aswina, 1943
IA.NO.2/2021 IN OP(C) NO. 1659 OF 2020
OS 378/2014 OF ADDITIONAL MUNSIFF COURT,CHERTHALA, ALAPPUZHA
PETITIONER/PETITIONER/JUDGMENT DEBTOR/DEFENDANT:
M.PRAKASHAN, AGED 60 YEARS, S/O MADHAVAN, KIZHUKATHARAYIL,
VALAMANGALAM NORTH MURI, THURAVUOOR SOUTH VILLAGE.
RESPONDENT/COUNTER PETITIONER/PLAINTIFF/DECREE HOLDER:
SURESH R., S/O RAJAPPAN, SHALABAM VEETIL, ODAMTHURUTH
MURI,ODAMTHURUTH VILLAGE, CHERTHALA-688533.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant permission to
deposit the amount of Rs.1,00,000/- before the court below in the interest
of justice within two weeks.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's order dated
4.8.2021 in OP(C) and upon hearing the arguments of SRI.A.K.ALEX, Advocate
for the petitioner and of SRI.B.PRAMOD & SMT.NAMITHA JYOTHISH, Advocates
for the respondent, the court passed the following:
(P.T.O)
V.G.ARUN, J.
...................................................................
I.A No.2 of 2021
IN
OP(C) No. 1659 OF 2020
.....................................................................
Dated this the 24th day of September, 2021
ORDER
This interlocutory application is filed seeking
extension of the time limit for complying with the condition
imposed by this Court while granting the interim order of
stay. The Court had taken note of the submission made by
the learned counsel for the petitioner that Rs.65,000/- has
been deposited before the Court below and the petitioner is
ready to pay the balance amount to the respondent.
Thereafter, by order dated 9.3.2021, the interim order was
extended based on the submission that the petitioner would
deposit another amount of Rs.50,000/- within six weeks. It
was also made clear that if the amount is not paid, the
Court below will be at liberty to proceed with the
execution. Later, by order dated 9.4.2021, the time for
deposit of Rs.50,000/- was extended till the re-opening of
the Court. Petitioner did not remit the amount and instead
filed I.A No. 1 of 2021 seeking further extension. Again the
time limit was extended for a period of two weeks. Even
I.A No.2 of 2021
IN
OP(C) No. 1659 OF 2020
thereafter, the amount was not deposited and by in this
interlocutory application, the petitioner is expressing
willingness to remit an amount of Rs.1,00,000/-, instead of
Rs.50,000/-.
2. Having heard the learned counsel for the petitioner
and the respondent at length, I find no reason to extend
the period for deposit or to permit the petitioner to deposit
an amount of Rs.1,00,000/-, since the petitioner has shown
scant regard for the orders of this Court. Other than
expressing his willingness to pay the amount for getting the
interim order extended, absolutely nothing has been done
by the petitioner till today. Hence, the interlocutory
application is dismissed. It is made clear that the pendency
of this original petition does not interdict the Court below
from continuing with the execution proceedings.
Post on 8.10.2021 for hearing.
Sd/-
V.G.ARUN
JUDGE
SJ
24-09-2021 /True Copy/ Assistant Registrar
