Madavi vs Kunathunad Taluk Housing ...
2022 Latest Caselaw 12508 Ker

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OP(C) No.1959 of 2022


              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
   FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                         OP(C) NO. 1959 OF 2022
             EP 47/2019 OF THE MUNSIFF COURT, PERUMBAVOOR
PETITIONER/S:

             MADAVI,AGED 78 YEARS
             W/O.RAJAN, MANGATTUKUNATH HOUSE, IRINGOL KARA,
             PERUMBAVOOR, , PIN - 683548
             BY ADV SREEJITH S.NAIR


RESPONDENT/S:

     1       KUNNATHUNAD TALUK HOUSING CO-OPERATIVE SANGAM
             PERUMBAVOOR, REPRESENTED THROUGH ITS SECRETARY
             KLENSY ANTO, AGED 54, W/O.E.A.JOY, INJAKKAL HOUSE,
             NDUNGAPRA KARA, ASHAMANOOR VILLAGE, PERUMBAVOOR.,
             PIN - 683542
     2       BIJU.M.R.
             AGED 48 YEARS
             S/O.RAJAPPAN, MANGATTUKUNATH HOUSE, IRINGOL KARA,
             PERUMBAVOOR, , PIN - 683548
             BY ADVS.
             P.C. Haridas
             V.S.SURESH(S-781)
             P.S.GOVIND(K/000824/2022)


      THIS    OP    (CIVIL)     HAVING    COME   UP    FOR    ADMISSION   ON
23.12.2022,     THE     COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
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OP(C) No.1959 of 2022



                          C.S DIAS,J.
                      ---------------------------
                  OP(C) No.1959 of 2022
                     -----------------------------
         Dated this the 23rd day of December, 2022.

                              JUDGMENT

The original petition is filed to set aside Ext P1 sale

notice and permit the petitioner to pay off the decree

debt in EP No.47/2019 of the Court of the Munsiff,

Perumbavoor, in equated monthly installments and until

such time to stay all further proceedings in the execution

petition.

2. When the original petition came up for

admission on 13.10.2022, this Court issued notice to the

first respondent and stayed the execution proceedings on

condition that the petitioner deposits an amount of

Rs.50,000/- before the Execution Court within four weeks.

3. Today, when the original petition was taken up

for consideration, Sri.Sreejith S.Nair, the learned counsel

appearing for the petitioner, submitted that the petitioner

has complied with the conditions in the order dated

OP(C) No.1959 of 2022

13.10.2022. Now, the petitioner seeks to pay off the

balance decree-debt in equated monthly installments.

4. The above prayer is not seriously opposed by

Sri.P.C Haridas, who appears for the first respondent.

However, Sri.P.C Haridas submitted that the petitioner

may be directed to pay off the decree debt in four

equated monthly installments.

5. On a consideration of the pleadings and

materials on record, and taking note of the fact that the

petitioner is a 78 years old lady and she has already paid

Rs.50,000/- as directed by this Court, I am of the view

that some leniency should be shown.

Resultantly, in exercise of the supervisory powers of

this Court under Article 227 of the Constitution of India, I

dispose of the original petition as follows:

(i) The Court of the Munsiff, Perumbavoor, is

directed to defer all further proceedings in EP

No.47/2019.

(ii) The petitioner is permitted to pay off the

balance decree debt in EP No.47/2019 in ten

OP(C) No.1959 of 2022

equated monthly installments commencing from

1.2.2023, after giving credit to the amount of

Rs.50,000/- already deposited before the Execution

Court.

(iii) If the petitioner defaults in payment of

any one of the installments, the Court of the

Munsiff, Perumbavoor, shall proceed with EP

No.47/2019, from the stage it has been stopped,

and bring it to its logical conclusion, in accordance

with law and as expeditiously as possible.

SD/-

Sks/23.12.2022                         C.S.DIAS, JUDGE

OP(C) No.1959 of 2022


                    APPENDIX OF OP(C) 1959/2022

PETITIONER EXHIBITS
Exhibit-P1          TRUE COPY OF THE PROCLAMATION OF SALE
                    DATED 15.09.2022.