Arun vs Lija Mol
2022 Latest Caselaw 666 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                      &
               THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
     FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                         OP (FC) NO. 588 OF 2021
  AGAINST THE ORDER/JUDGMENT IN EP 6/2019 IN OP(RM) 390/2016 OF
                        FAMILY COURT, KATTAPPANA
PETITIONER:

            ARUN, AGED 36 YEARS, S/O.LATE RAVEENDRAN, VELLAPPALLIL
            HOUSE, SPRING VALLEY.P.O, PERIYAR VILLAGE, PEERUMED,
            IDUKKI DISTRICT.

            BY ADVS.
            T.A.UNNIKRISHNAN
            K.K.AKHIL


RESPONDENT:

            LIJA MOL, AGED 32 YEARS,D/O SATHYAVREDHAN, SREEJA
            BHAVAN, BALAGRAM.P.O, BALAGRAM KARA, KARUNAPURAM
            VILLAGE, UDUMBANCHOLA, IDUKKI-685 552.

            BY ADVS.
            MADHU RADHAKRISHNAN
            M.D.JOSEPH


     THIS     OP   (FAMILY   COURT)   HAVING   BEEN   FINALLY   HEARD   ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) NO. 588 OF 2021
                                     2


                              JUDGMENT

A. Muhamed Mustaque, J

The petitioner is a judgment debtor. He has been allowed

to clear the judgment debt by granting time on different

occasion. Finally, he has again come before us seeking further

time. The total amount due is 17.5 Lakh. The petitioner's claim

is that he has paid 7.5 Lakh. On 6.01.2022, he filed an

undertaking before us stating that if he is granted time upto

31.08.2022, he will pay the decreed amount. This Court was not

satisfied with the undertaking for the reason that the petitioner

had not offered to pay the interest. Again he filed an

undertaking to pay the interest at the Bank rate.

2. The learned counsel for the respondent opposed the

prayers. Taking note of the fact that there is no purpose for

detaining the petitioner in civil prison, we record this

undertaking and grant time upto 31.08.2022 to pay the balance

amount along with interest at the rate of 7% from today. The OP (FC) NO. 588 OF 2021

interest so payable is over and above any interest payable as per

the decree, if any, on the balance amount.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

SOPHY THOMAS

JUDGE

PR OP (FC) NO. 588 OF 2021

APPENDIX OF OP (FC) 588/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 07.12.2017 IN OP(RM)NO.390/2016 OF THE FAMILY COURT, KATTAPPANA.

Exhibit P2 TRUE COPY OF THE ORDER DATED 02.03.2020 IN E.A.NO.1/2020 IN E.P.NO.6/2019 IN O.P.(RM) NO.390/16 OF THE FAMILY COURT, KATTAPPANA

Exhibit P3 TRUE COPY OF ORDER DATED 02.03.2020 IN E.P.6/2019 IN OP(RM)NO.390/2019 OF THE FAMILY COURT, KATTAPPANA.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 17.03.2021 IN OP(FC)NO.251/2020 OF THIS HON'BLE COURT.

Exhibit P5 TRUE COPY OF THE ORDER DATED 26.10.2021 IN I.A NO.1 OF 2021 IN O.P. (FC) 251/2020 THIS HON'BLE COURT.

Exhibit P6 TRUE COPY OF THE WARRANT DATED 05.11.2021 IN E.P. NO.6/2019 IN O.P (RM) 390/2016 OF THE FAMILY COURT, KATTAPPANA.