Kerala High Court
Sreekumari Mahesh Kumar vs A.Venkiteswara Shenoy on 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
OP(C) NO. 1784 OF 2022
AGAINST THE ORDER/JUDGMENTEP 11/2018 OF PRINCIPAL
MUNSIFF,ALAPPUZHA
PETITIONER/S:
SREEKUMARI MAHESH KUMAR
AGED 45 YEARS
AGED 45 YEARS, W/O. MAHESH KUMAR,
VARAYATHARAPURAYIDOM, A.N.PURAM, IRON BRIDGE P.O.,
ALAPPUZHA, PIN - 688011
BY ADVS.
K.V.JAYADEEP MENON
T.P.RAMESH (THENGUMPILLIL)
P.KRISHNAPRIYA
JINS.P.JOHN
P.RAJEEVE
RESPONDENT/S:
A.VENKITESWARA SHENOY
AGED 75 YEARS
AGED 75 YEARS, S/O. LATE M. ANANTHA SHENOY, SWASTHI
MADAM, EAST GATE, A.N.PURAM, IRON BRIDGE P.O.,
ALAPPUZHA, PIN - 688011
BY ADVS.
A.KRISHNAN A
R.UMASANKAR(K/2724/1999)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.1784/2022
-:2:-
Dated this the 21st day of October,2022
JUDGMENT
The original petition is filed challenging Exts P6
and P7 orders passed in E.P.No.11/2018 in
O.S.No.803/2015 of the Court of the Principal Munsiff,
Alappuzha.
2. When the original petition came up for
admission on 20.09.2022, this Court had stayed further
proceedings in the execution petition, on condition that
the petitioner deposits an amount of Rs.50,000/- before
the Execution Court., and if such deposit was made, the
amount to be released to the respondent.
3. Today, when the original petition was taken up
for consideration, Sri. K. Jayadeep Menon, the learned
counsel appearing for the petitioner submitted that the
conditions in the interim order has been complied with.
The petitioner is prepared to pay off the balance decree
debt in three equated monthly instalments. The above
submission is not opposed by Sri. A.Krishnan, the
O.P.(C)No.1784/2022
learned counsel appearing for the respondent.
In the result, in exercise of the supervisory powers
of this Court under Article 227 of the Constitution of
India, I dispose of the original petition as follows:
(i) The petitioner is permitted to pay off the
balance decree debt in E.P.No.11/2018 in
O.S.No.803/2015 of the Court of the Principal
Munsiff, Alappuzha, in three equated monthly
instalments, commencing from 15.12.2022.
(ii) If the petitioner commits default in payment of
one of the instalments, the Execution Court
would be at liberty to proceed with the
execution petition from the stage it has been
stopped, and bring E.P.No.11/2018 to its
logical conclusion, in accordance with law.
Sd/-
C.S.DIAS,JUDGE
DST/21.10.22 //True copy/
P.A.To Judge
O.P.(C)No.1784/2022
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTO COPY OF THE PLAINT DATED
16.09.2015 IN O.S. NO. 803/2015 ON THE FILE
OF THE PRINCIPAL MUNSIFF'S COURT; ALAPPUZHA
EXHIBIT P2 TRUE PHOTO COPY OF THE JUDGEMENT DATED
31.08.2017 IN O.S. NO. 803/2015 ON THE FILE
OF THE PRINCIPAL MUNSIFF'S COURT, ALAPPUZHA
EXHIBIT P3 THE TRUE PHOTOCOPY OF THE SALE DEED NO.
792/2012 OF S.R.O., ALAPPUZHA
EXHIBIT P4 THE TRUE PHOTOCOPY OF THE ORDER DATED
23.11.2021 IN E.P. NO. 11 OF 2018 IN O.S.
NO. 803 OF 2015, ON THE FILE OF THE
HONOURABLE PRINCIPAL MUNSIFF'S COURT;
ALAPPUZHA
EXHIBIT P5 TRUE PHOTOCOPY OF THE JUDGMENT DATED
21.02.2022 IN O.P. (C) NO. 139 OF 2022 OF
THE HONOURABLE HIGH COURT OF KERALA
EXHIBIT P6 TRUE PHOTOCOPY OF THE PRINT OUT TAKEN FROM
THE E-COURT PORTAL REGARDING THE
PROCEEDINGS DATED 18.07.2022 IN E.P. NO 11
OF 2018 IN O.S. NO. 803/2015 ON THE FILE OF
HONOURABLE PRINCIPAL MUNSIFF'S COURT AT
ALAPPUZHA
EXHIBIT P7 TRUE PHOTOCOPY OF THE PRINT OUT TAKEN FROM
THE E-COURT PORTAL REGARDING THE
PROCEEDINGS DATED 19.08.2022 IN E.P. NO 11
OF 2018 IN O.S. NO. 803/2015 ON THE FILE OF
HONOURABLE PRINCIPAL MUNSIFF'S COURT AT
ALAPPUZHA
EXHIBIT P8 THE TRUE PHOTOCOPY OF THE SALE NOTICE
PUBLISHED IN E.P. NO 11 OF 2018 IN O.S. NO.
803/2015 ON THE FILE OF HONOURABLE
PRINCIPAL MUNSIFF'S COURT AT ALAPPUZHA
RESPONDENT'S EXHIBITS: NIL
