Krishnakumar vs Ajayakumar
2022 Latest Caselaw 11596 Ker

RP NO. 1081 OF 2022
                                1

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
                       RP NO. 1081 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP(C) 1668/2022 OF HIGH COURT OF
                              KERALA
REVIEW PETITIONER/S:

         KRISHNAKUMAR
         AGED 52 YEARS
         S/O. KUNJUKRISHNAN, KANIYAMPARAMBIL VEEDU, KAVANADU
         P.O., KUREEPUZHA CHERRY, SAKTHIKULANGARA VILLAGE,
         KOLLAM DISTRICT PIN -
         , PIN - 691003

          BY ADVS.
          UMMUL FIDA
          C.IJLAL
          NIMMY JOHNSON
          JAI GOVIND M.J.



RESPONDENT/S:

          AJAYAKUMAR
          AGED 50 YEARS
          S/O VASUDEVAN PILLAI, PAZHANJIYIL VEEDU, ,
          THOTTINUVADAKKU MURI, CHAVARA VILLAGE,
          KARUNAGAPPALLY TALUK, KOLLAM VILLAGE PIN -, PIN -
          691583

          BY ADV AJAYA KUMAR. G




     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
20.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP NO. 1081 OF 2022
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                                 ORDER

Aggrieved by the judgment passed in OP(C)

No.1668/2022, the respondent in the original petition has

filed the review petition.

2. This Court, taking into consideration the fact that

the respondent had produced a fixed deposit receipt for

an amount of Rs.10,00,000/- before the court below, the

respondent's precarious medical condition and that the

petitioner had only sought for attachment before

judgment for an amount of Rs.8,50,000/-, by the impugned

judgment held that Rs.10,00,000/- is sufficient security to

lift the order of attachment.

3. The petitioner now contends that the respondent

has received an amount of Rs.38,32,003/- as

compensation in a land acquisition proceeding. Therefore,

the respondent has sufficient means to deposit a further

amount of Rs.5,00,000/- as security, to lift the order of

attachment, otherwise the petitioner may not be in a RP NO. 1081 OF 2022

position to realise the decree that is likely to be passed in

his favour.

4. When the review petition came up for

consideration on 15.12.2022, this Court directed the court

below to comply with the directions passed by this court

in OP(C) No.1668/2022. Consequently, the order of

attachment has been lifted.

5. In addition to the above direction, the respondent

was directed to file an affidavit undertaking that he will

not transfer the property, which he purchased using the

compensation received from the land acquisition

proceeding till the disposal of the suit.

6. The respondent has filed an affidavit, as directed.

7. Taking into account that the respondent has

already deposited an amount of Rs.10,00,000/- before the

court below and has now filed an affidavit undertaking

that he will not alienate/transfer the property covered by

Annexure A4 document, I am of the definite view that RP NO. 1081 OF 2022

there is no circumstance warranting review of the

judgment in OP(C) No.1668/2022. Nonetheless, I feel that

complete justice can be done to both sides by directing

the Court of the Munsiff, Karunagappilly to consider and

dispose of OS No.157/2019 within a time frame.

In the result, this review petition is disposed of by

confirming the impugned judgment, but by recording the

undertaking of the respondent that he would not

alienate/transfer the property and directing the Court of

the Munsiff, Karunagappilly, to consider and dispose of OS

No.157/2019, in accordance with law, as expeditiously as

possible, at any rate within a period of three months after

the completion of the pre-trial steps.

Sd/-

C.S.DIAS, JUDGE rkc/20.12.22 RP NO. 1081 OF 2022

APPENDIX OF RP 1081/2022

PETITIONER ANNEXURES

Annexure A-1 A TRUE COPY OF THE PROCEEDINGS OF THE SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION) DATED 2/03/2022

Annexure A-2 A TRUE COPY OF THE ENDOSCOPY REPORT DATED 24/02/2017 FROM HOLLY CROSS HOSPITAL, KOTTIYAM, KOLLAM

Annexure A-3 TRUE COPY OF THE ENDOSCOPY REPORT DATED 05/10/2019 FROM HOLLY CROSS HOSPITAL, KOTTIYAM, KOLLAM

Annexure A-4 A TRUE COPY OF THE PROPERTY DETAILS OBTAINED FROM OFFICIAL WEBSITE OF REVENUE ESERVICES

RESPONDENT EXHIBITS

EXHIBIT R1(A) TRUE COPY OF THE FIXED DEPOSITED DATED 27-06-2022 WITH THE FEDERAL BANK, CHAVARA BRANCH IN THE NAME OF THE RESPONDENT.

EXHIBIT R1(B) TRUE COPY OF THE RENT DEED DATED 16-09-

2019 ALONG WITH THE ACKNOWLEDGEMENT OF RECEIPT OF MONEY ENDORSED ON THE SAME.