Ajith Kumar vs Sreevidyaprakasini Sabha
2022 Latest Caselaw 5967 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
  TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                    OP(C) NO. 869 OF 2022

   AGAINST THE ORDER DATED 09.02.2022 IN CMA 45/2020 OF
             PRINCIPAL SUB COURT,IRINJALAKUDA

PETITIONER/APPELLANTS/JUDGMENT DEBTORS/DEFENDANTS:

    1    AJITH KUMAR,
         AGED 48 YEARS,
         S/O THEVALI SUBRAMANIAN,
         AZHIKODE
         VILLAGE AND DESOM,
         KODUNGALUUR THALUK,THRISSUR DISTRICT,
         PIN - 680666

    2    KARTHYAYANI,
         AGED 74 YEARS,
         W/O THEVALI SUBRAMANIAN,AZHIKODE
         VILALGE AND DESOM,KODUNGALUUR THALUK,
         THRISSUR DISTRICT,
         PIN - 680666

         BY ADVS.   K.S.RAJESH
                    M.SHAJU PURUSHOTHAMAN

RESPONDENTS/RESPONDENTS/DECREE HOLDERS/PLAINTIFFS:

    1    SREEVIDYAPRAKASINI SABHA,
         METHALA VILLAGE,ELTHURUTHU DESOM,
         KODUNGALLUR TALUK REPRESENTED BY IT'S PRESIDENT
         RAVI,AGED 69 YEARS,
         PENSIONER,S/O KOLLIKKATHARA KRISHNAN,
         LOKAMALLESWARAM VILLAGE AND DESOM,
         KODUNGALLUR TALUK,THRISSUR DISTRICT,
         PIN - 680664

    2    SREEVIDYAPRAKASINI SABHA,
         METHALA VILLAGE, ELTHURUTHU DESOM,
         KODUNGALLUR TALUK REPRESENTED BY IT'S
         SECRETARY,WRITER,JYOTHIRMAYAN,
         AGED 41 YEARS,S/O PULICKAL PRABHASAN,
 O.P.(C)No.869/2022

                                -:2:-



              METHALA VILLAGE AND DESOM,
              KODUNGALLUR TALUK,THRISSUR DISTRICT,
              PIN - 680669

      3       SREEVIDYAPRAKASINI SABHA,
              METHALA VILLAGE, ELTHURUTHU DESOM,
              KODUNGALLUR TALUK REPRESENTED BY IT'S TREASURER
              BAIJU,AGED 41 YERS,WRITER,S/O AIRATT
              LAKSHMANAN,METHALA VILLAGE AND DESOM,
              KODUNGALLUR THALUK,THRISSUR DISTRICT,
              PIN - 680669

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.869/2022

                                    -:3:-




                     Dated this the 31st day of May,2022

                           JUDGMENT

The original petition is filed to permit the

petitioners to pay off the decree debt in E.P.No.7/2017

in O.S.No.1585/2014 of the court of the Munsiff,

Kodungallur in ten equated monthly instalments.

2. The petitioners' case, in brief, in the original

petition is that, they are the judgment debtors in the

above numbered execution petition. The petitioners

have suffered a decree to the tune of Rs.1,79,240/-

with interest. The respondents have put the decree to

execution, by seeking for sale of the petitioners'

properties. Even though the petitioners had filed an

application to set aside the sale, the same was

dismissed and the order was confirmed by the court of

the Subordinate Judge, Irinjalakuda, in O.P.(C)No.869/2022

C.M.A.No.45/2020. The petitioners are ready to pay off

the entire decree debt in 10 equated monthly

instalments. Hence, the original petition.

3. Heard; Sri. K.S. Rajesh, the learned counsel

appearing for the petitioners and Sri.P. Ramakrishnan,

the learned counsel appearing for the respondents.

4. The learned counsel appearing for the

respondents, on instructions, submits that the

respondents have no objection in permitting the

petitioners to pay off the entire decree debt in 10

equated monthly instalments. The said submission is

recorded.

5. In the light of the submission made by the

learned counsel appearing for the respondents, in

exercise of the supervisory powers of this Court under

Article 227 of the Constitution of India, I dispose of the

original petition by directing the petitioners to pay off

the entire decree debt in E.P.No.7/2017 of the court of O.P.(C)No.869/2022

the Munsiff, Kodungallur, in 10 equated monthly

instalments, commencing from 01.07.2022. It is made

clear that, in case the petitioners defaults in payment

of one instalment, the execution court would be at

liberty to proceed with the execution in E.P.No.7/2017

from the stage it has been stopped. Needless to

mention, if the entire decree debt is paid, the sale that

has taken place will stand set aside.

The original petition is ordered accordingly.

Sd/-

                                     C.S.DIAS,JUDGE

DST/31.05.22                                       //True copy/

                                                   P.A.To Judge
 O.P.(C)No.869/2022






                           APPENDIX



PETITIONER EXHIBITS
EXHIBIT P1         TRUE COPY OF THE PETITION TO SET ASIDE

THE SALE EA 187/2019 IN EP 7/2017 IN OS 1585/2014 OF THE MUNSIFF COURT,KODUNGALLUR DATED 2.2.2019

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 17.6.2019 PASSED BY THE MUNSIFF COURT,KODUNGALLUR IN EA 187/2019

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 9.2.2022 PASSED BY THE PRINCIPAL SUB COURT, IRINJALAKUDA IN CMA 45/2020

RESPONDENT'S EXHIBITS: NIL