Geetha vs Chavakkad Taluk Rural Housing Co ...
2022 Latest Caselaw 10671 Ker

OP(C) NO. 1605 OF 2022
                                       1

               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. 1605 OF 2022
  AGAINST THE ORDER/JUDGMENT IN EP 1018/2017 OF MUNSIFF
                               COURT,CHAVAKKAD
PETITIONER/S:

    1          GEETHA
               AGED 45 YEARS
               W/O. SUBRAMANIAN, THARAYIL HOUSE,
               PERAKAM AMSOM, CHAVAKKAD TALUK,
               THRISSUR DISTRICT, PIN - 680506

    2          SUBRAMANIAN
               AGED 54 YEARS
               S/O. APPUKUTTY, THARAYIL HOUSE,
               PERAKAM AMSOM, CHAVAKKAD TALUK,
               THRISSUR DISTRICT, PIN - 680506

               BY ADV MAHESH V.MENON



RESPONDENT/S:

               CHAVAKKAD TALUK RURAL HOUSING CO OPERATIVE
               SOCIETY NO.344,PAVARATTY PO , REPRESENTED BY ITS
               SECRETARY, PIN - 680507


        THIS    OP   (CIVIL)    HAVING     COME   UP    FOR    ADMISSION    ON
21.10.2022,       THE   COURT     ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 1605 OF 2022
                               2

                         JUDGMENT

The original petition is filed to permit the

petitioners to pay off the entire decree debt in

E.P.No.1018/2017 in ARC No.53/2017 of the Court of

the Munsiff, Chavakkad in equated monthly

installments.

2. When the original petition came up for

admission on 29.08.2022, this Court had stayed the

execution petition on condition that the petitioners

deposit an amount of Rs.50,000/- before the court

below and if the said amount is deposited, the same to

be released to the respondent.

3. Today, when the original petition was taken up

for further consideration, Sri.Mahesh V. Menon, the

learned counsel appearing for the petitioners

submitted that the interim order was complied with by

the petitioners and the amount was released to the

respondent. The petitioners are ready to pay off the OP(C) NO. 1605 OF 2022

balance decree debt as stated in the original petition.

The above submission is not opposed by

Sri.N.J.Johnson, the learned counsel appearing for the

respondent. He submitted that the balance decree

debt may be directed to be paid off on or before

31.01.2023.

4. On a consideration of the pleadings and

materials on record and taking note of the limited

relief that the petitioners have sought for, I am

inclined to exercise the supervisory powers of this

Court, under Article 227 of the Constitution of India,

and dispose of the original petition.

In the result, the original petition is disposed of as

follows:

(i) The petitioners are permitted to pay off the

balance decree debt in E.P.No.1018/2017, after

deducting Rs.50,000/- already deposited

pursuant to the order dated 29.08.2022, in five OP(C) NO. 1605 OF 2022

equated monthly installments commencing from

15.11.2023.

(ii) The petitioners would be at liberty to deposit the

amount even in a lumpsum on an earlier date.

(iii) If the petitioners commit default in payment of

one of the installments, the Execution Court shall

proceed with E.P.No.1018/2017 from the stage it

has been stayed and bring to its logical

conclusion in accordance with law.

Sd/-

C.S.DIAS, JUDGE rkc/21.10.2022 OP(C) NO. 1605 OF 2022

APPENDIX OF OP(C) 1605/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE EP NO. 1018/2017 IN ARC NO.53/2017 BEFORE THE MUNSIFF COURT, CHAVAKKAD

Exhibit P2 A TRUE COPY OF COUNTER FILE BY THE PETITIONERS IN EP NO. 1018/2017 IN ARC NO.53/2017 BEFORE THE MUNSIFF COURT, CHAVAKKAD

Exhibit P3 A TRUE COPY OF E-COURT PROCEEDINGS TAKEN FROM THE E-COURT SITE OF THE EP NO. 1018/2017 IN ARC NO.53/2017 OF THE MUNSIFF COURT, CHAVAKKAD