Sreedevi Amma vs Vijayaraghava Kurup
2022 Latest Caselaw 7282 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                        THE HONOURABLE MR.JUSTICE C.S.DIAS

              THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944

                                OP(C) NO. 1721 OF 2019

   AGAINST E.P.NO:152/2016 IN O.S.NO.:254/2007 ON THE FILE OF THE SUBORDINATE

                                    JUDGE, KOLLAM

PETITIONER:

              SREEDEVI AMMA,
              AGED 52 YEARS,
              D/O ESWARI AMMA,
              ESWARA VILASAM, THEKKEVILA CHERRY,
              MUNDAKKAL VILLAGE, KOLLAM

              BY ADVS.
              B.MOHANLAL
              SMT.P.S.PREETHA


RESPONDENT:

              VIJAYARAGHAVA KURUP
              S/O KUNJUKRISHNA KURUP,
              KAMALALAYAM VEEDU, KALKULANGARA,
              THIRUMULLAVARAM P.O.KOLLAM-691 012.

              BY ADVS.
              DR.K.P.SATHEESAN (SR.)
              SRI.P.MOHANDAS (ERNAKULAM)
              SRI.S.VIBHEESHANAN
              SRI.K.SUDHINKUMAR
              SRI.S.K.ADHITHYAN
              SRI.SABU PULLAN



      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.1721 of 2019

                             2




                         JUDGMENT

Dated this the 23rd day of June, 2022

The original petition is filed to set aside

Ext.P6 proclamation notice in E.P.No.152/2016 in

O.S. No.254/2007 of the Court of the Subordinate

Judge, Kollam.

2. The facts in brief, in the original petition is

that, the petitioner is the judgment debtor in the above

execution petition filed by the respondent, seeking to

realise an amount of Rs.2,00,000/- with interest. Even

though the petitioner had filed Ext.P2 objection to

Ext.P1 execution petition, the court below has

proceeded with the execution. Thereafter, Ext.P6

proclamation notice has been published. Ext.P6 is

erroneous and wrong. Hence, the original petition.

3. When this original petition came up for

consideration on 27.06.2019, this Court stayed Ext.P6 O.P.(C)No.1721 of 2019

on condition that the petitioner deposits Rs.1,00,000/-

within one month. Subsequently, several orders have

been passed by this Court. Finally, on 24.05.2022, the

petitioner undertook to pay off the entire decree debt

within one month from the said date. However, the

undertaking has not been complied with.

4. Heard; Sri.B.Mohan Lal, the learned counsel

appearing for the petitioner and Sri.Sabu Pullan, the

learned counsel appearing for the respondent.

5. Sri.B.Mohan Lal submitted that the limited

prayer of the petitioner is to pay off the balance

amount within a period of two months from today. The

said request is not seriously opposed by Sri.Sabu

Pullan, but urges that this Court may direct the court

below to release the amount already deposited by

petitioner before the court below, pursuant to the

orders of this Court.

6. In the light of the pleadings and materials on

record and the submissions made across the Bar, I am O.P.(C)No.1721 of 2019

inclined to allow the original petition as follows:-

(i) The petitioner shall pay the balance decree

debt in E.P.No.152/2016 in one or two

installments, as per her choice, on or before

31.08.2022.

(ii) The amount lying in deposit before the court

below, deposited pursuant to the orders of

this Court by the petitioner, shall be released

to the respondent in accordance with law.

(iii) If the petitioner fails to avail the benefit of

this judgment, the execution court shall

proceed with E.P.No.152/2016 from the stage

it has been stayed and bring it to its logical

conclusion in accordance with law.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS Judge

NR/23/06/2022 O.P.(C)No.1721 of 2019

APPENDIX

PETITIONER'S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE EXECUTION APPLICATION, AFFIDAVIT AND SCHEDULE OF PROPERTY. EXHIBIT P2 THE TRUE COPY OF THE NOTICE DATED 15.5.2019 ISSUED BY THE MAYYANAD REGIONAL CO-OPERATIVE BANK LIMITED NO 94, KOLLAM TO THE PETITIONER EXHIBIT P3 THE TRUE COPY OF THE TAX RECEIPT DATED 31.5.2016 ISSUED BY THE VILLAGE OFFICER, MUNDAKKAL VILLAGE TO THE PETITIONER EXHIBIT P4 THE TRUE COPY OF THE APPLICATION DATED 14.6.2019 FILED BY THE PETITIONER BEFORE THE THAHASILDAR, KOLLAM EXHIBIT P5 THE TRUE COPY OF THE PROCLAMATION SUBMITTED BY THE RESPONDENT FOR SALE OF THE PETITIONERS PROPERTY EXHIBIT P6 THE TRUE COPY OF THE PROCLAMATION FOR SALE OF THE PROPERTY OF THE SUBORDINATE JUDGE IN E.P NO 152/2016 IN O.S NO.254/2007

//TRUE COPY// PA TO JUDGE