Dhanalakshmi vs N. Bhaskara Das
2022 Latest Caselaw 7038 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
  FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                        OP(C) NO. 494 OF 2022
   AGAINST THE ORDER DATED 14.02.2022 IN EP 10/2018 IN OS
                   92/2013 OF SUB COURT, DEVIKULAM
PETITIONER/JUDGMENT DEBTOR NO.1/DEFENDANT NO.1:

            DHANALAKSHMI,
            AGED 57 YEARS,
            W/O.LATE M.MARIMUTHU, HOUSE NO.1/220,
            DHANASREEILLAM, NADUPPARAI JUNCTION,
            CHINNAKKANAL P.O., IDUKKI - 685 618.

            BY ADVS.    P.B.KRISHNAN
                        P.B.SUBRAMANYAN
                        SABU GEORGE
                        MANU VYASAN PETER


RESPONDENT/DECREE HOLDER/PLAINTIFF

            N. BHASKARA DAS,
            AGED 46 YEARS,
            S/O.A.NAGARATHINAM, DOOR NO.3,
            RAJALINE STREET, THENI MUNICIPAL TOWN THENI
            DISTRICT, TAMILNADU - 625 531.

            BY ADV G.SREEKUMAR (CHELUR)


     THIS     OP   (CIVIL)     HAVING   COME   UP    FOR    ADMISSION   ON
17.06.2022,    THE     COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C)No.494/2022

                                     -:2:-




                     Dated this the 17th day of June,2022

                            JUDGMENT

The original petition is filed to set aside the order

in E.P.No.10/2018 in O.S.No.92/2013(Ext.P6) passed by

the Court for the Subordinate Judge, Devikulam.

2. When this original petition was taken up for

consideration, the learned counsel appearing for the

petitioner submitted that the petitioner is ready and

willing to pay off the entire decree debt in 12 equated

monthly instalments. The said request is not seriously

opposed the respondent.

3. On a consideration of the pleadings and

materials on record and the submission made by the

respective counsel appearing for the parties, in

exercise of the supervisory jurisdiction of this Court, I

am inclined to allow the original petition.

In the result, the original petition is disposed of as

follows:

(i) The petitioner shall pay off the entire O.P.(C)No.494/2022

decree debt E.P.No.10/2018 of the above

court, in 12 equated monthly instalments,

commencing from 01.07.2022.

(ii) It is made clear that, in case the petitioners

defaults in payment of one instalment, the

execution court would be at liberty to

resurrect E.P.No.10/2018 from the stage it

has been stayed and proceed with the same

in accordance with law and bring it to a

logical conclusion.

Sd/-

                                        C.S.DIAS,JUDGE

DST/17.06.22                                           //True copy/

                                                       P.A.To Judge
 O.P.(C)No.494/2022






                           APPENDIX

PETITIONER EXHIBITS
EXHIBIT P1         A TRUE COPY OF THE RELEVANT PORTION OF

THE BOOK IN WHICH THE DETAILS REGARDING THE PROCEDURES AND PRESCRIPTIONS OF TREATMENT OF THE PETITIONER.

EXHIBIT P2 A TRUE COPY OF THE MEDICAL CERTIFICATE FOR AVAILING ASSISTANCE FOR TREATMENT ISSUED BY THE ASSISTANT SURGEON OF THE PRIMARY HEALTH CENTRE, CHINNAKKANAL, DATED 16/02/2022.

EXHIBIT P3 A TRUE COPY OF E.P.NO.13 OF 2018 ON THE FILE OF THE SUB COURT, KATTAPPANA DATED 12/02/2018.

EXHIBIT P4 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN EP NO.10 OF 2018 ON THE FILE OF THE SUB COURT, DEVIKULAM, DATED 03/12/2019.

EXHIBIT P5 A TRUE COPY OF THE OBJECTION, DATED 01/11/2021 FILED BY THE PETITIONER.

EXHIBIT P6 A TRUE COPY OF THE PROCEEDINGS DATED 14/02/2022 IN E.P.NO.10 OF 2018 IN O.S.NO.92 OF 2013 ON THE FILE OF THE SUB COURT, DEVIKULAM.

RESPONDENT'S EXHIBITS: NIL