Kerala High Court
P.V Madhava Prasad vs Jisha Sudheer on 6 July, 2022
OP(C) No.1187/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
HE HONOURABLE MR.JUSTICE C.S.DIAS
Wednesday, the 6th day of July 2022 / 15th Ashadha, 1944
OP(C) NO. 1187 OF 2022
EA 198/2021 OF PRINCIPAL MUNSIFF COURT, PALAKKAD.IN E.P NO.114 OF 2017 IN 0.S
NO.242 OF 2013
PETITIONERS/ PETITIONERS/ JUDGMENT DEBTORS/ DEFENDANTS:
1. P.V MADHAVA PRASAD, AGED 47 YEARS, S/O.P.M VASUDEVAN, PUTHAN
VEEDU, MANNATHUKAVU, THANNISSERI AMSOM, THANNISSERI POST -678 501,
PALAKKAD TALUK, PALAKKAD DISTRICT., PIN - 678501.
2. K.A BALARAMAN, AGED 78 YEARS, S/O. LATE APPUKUTTAN, KUNNUKKADU
HOUSE, THENKURISSI AMSOM, THENKURISSI POST -678 671, ALATHUR TALUK,
PALAKKAD DISTRICT
3. P.V MADHAVA PRASAD, AGED 47 YEARS, S/O.P.M VASUDEVAN, PUTHAN
VEEDU, MANNATHUKAVU, THANNISSERI AMSOM, THANNISSERI POST -678 501,
PALAKKAD TALUK, PALAKKAD DISTRICT. MANAGING PARTNER, KODUVAYUR
SREEKRISHNA FINANCE, PALAKKAD ROAD, KODUVAYUR POST -678 501 CHITTUR
TALUK, PALAKKAD DISTRICT
4. KODUVAYUR SREEKRISHNA FINANCE, PALAKKAD ROAD, KODUVAYUR POST- 678
501, CHITTUR TALUK, PALAKKAD DISTRICT. REPRESENTED BY ITS MANAGING
PARTNER P.V. MADAVA PRASAD.
5. K.A BALARAMAN, AGED 80 YEARS, S/O. LATE APPUKUTTAN, KUINNUKKADU
HOUSE, THENKURISSI AMSOM, THENKURISSI POST -678 671, ALATHUR TALUK,
PALAKKAD DISTRICT, PARTNER KODUVAYUR SREEKRISHNA FINANCE, PALAKKAD
ROAD, KODUVAYUR POST -678 501 CHITTUR TALUK, PALAKKAD DISTRICT.
6. B.PRASEEJA, AGED 35 YEARS, W/O. P.V MADHAVA PRASAD, PUTHAN VEEDU
MANNATHUKAVU, THANNISSERI AMSOM THANNISSERI POST -678 501, PALAKKAD
TALUK, PALAKKAD DISTRICT. PARTNER KODUVAYUR SREEKRISHNA FINANCE
PALAKKAD ROAD, KODUVAYUR POST -678 501
7. L.SATHYABHAMA AGED 59 YEARS W/O. P.M VASUDEVAN PUTHAN VEEDU
MANNATHUKAVU, THANNISSERI AMSOM THANNISSERI POST -678 501, PALAKKAD
TALUK, PALAKKAD DISTRICT. PARTNER KODUVAYUR SREEKRISHNA FINANCE
PALAKKAD ROAD, KODUVAYUR POST -678 501 CHITTUR TALUK, PALAKKAD
DISTRICT.
8. B.GOPAN AGED 39 YEARS S/O. BALAKRISHNAN, MOOCHIKKAL HOUSE
MOOTHANTHARA POST -678 012, KODUVAYUR AMSOM, CHITTUR TALUK, PALAKKAD
DISTRICT. PARTNER KODUVAYUR SREEKRISHNA FINANCE PALAKKAD ROAD,
KODUVAYUR POST -678 501 CHITTUR TALUK, PALAKKAD DISTRICT
OP(C) No.1187/2022 2/3
RESPONDENTS/ RESPONDENTS/ DECREE HOLDER/ PLAINTIFFS /LR'S OF 3RD DEFENDANT:
1. JISHA SUDHEER, AGED 42 YEARS, W/O. SUDHEER KUMAR, SNEHA
SAIKRIPA MANNATHUKAVU THANNISSERI AMSOM, THANNISSERI POST -678 501,
PALAKKAD TALUK, PALAKKAD DISTRICT
2. SHIJU C, AGED 48 YEARS, S/O. LATE S CHANDRAN, MOOCHIKKAL HOUSE
MOOTHANTHARA, KODUVAYUR POST -678 501, PALAKKAD DISTRICT
3. BABYSHINI C, AGED 46 YEARS, W/O. A.S PUSHPAKUMAR AND D/O. LATE S
CHANDRAN, AARAPATH HARISANKAR ROAD, THAREKKAD PALAKKAD POST -678
001, PALAKKAD DISTRICT
OP (Civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to stay
the operation of Exhibit P5 order dated 07-06-2022 in EA No. 198 of 2021
in EP No. 114 of 2017 in O.S No. 242 of 2013 before the Principal Munsiff
Court, Palakkad and all further proceedings in Exhibit P2 execution
petition EP No. 114 of 2017 in O.S No. 242 of 2013 before the Principal
Munsiff Court, Palakkad pending disposal of the original petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP(C) and upon hearing the arguments of
M/S GEEN T.MATHEW & O.RAMACHANDRAN NAMBIAR, Advocates for the petitioners.
the court passed the following:
O R D E R
Issue notice before admission to the respondents by speed post. The
learned counsel appearing for the petitioners submits that the petitioners
are ready and willing to furnish additional security, in addition to the
document that has already been produced before the Appellate Court.
However, the Execution Court has perfunctority rejected the security that
was offered without any due enquiry. Hence, I am satisfied that the time
period fixed by this court in Exhibit P1 order has to be enlarged by a
further period of one month from today. Therefore, the time period fixed
in Exhibit P1 order is enlarged by a further period of one month. In the
meantime, if the petitioners produce additional security before the
Execution Court, the same shall be accepted by the Execution Court on
being satisfied, that it will be sufficient to satisfy the decree debt.
Post immediately after service is complete.
Sd/- C.S.DIAS JUDGE
06-07-2022 /True Copy/ Assistant Registrar
OP(C) No.1187/2022 3/3
APPENDIX OF OP(C) 1187/2022
Exhibit P1 TRUE COPY OF THE INTERIM ORDER DATED 03.09.2021 IN I.A
NO.1 OF 2020 IN R.S.A NO.832 OF 2020 BEFORE THE
HONOURABLE HIGH COURT OF KERALA
Exhibit P2 TRUE COPY OF THE IN E.P NO.114 OF 2017 IN O.S NO.242 OF
2013 BEFORE THE PRINCIPAL MUNSIFF COURT, PALAKKAD.
Exhibit P5 TRUE COPY OF THE ORDER DATED 07.06,2022 IN E.A NO.198
OF 2021 IN E.P NO.114 OF 2017 IN 0.S NO.242 OF 2013
BEFORE THE PRINCIPAL MUNSIFF COURT, PALAKKAD
