The State Of Kerala Represented By ... vs Cherian (Died)
2023 Latest Caselaw 4950 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
    THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                      OP(C) NO. 561 OF 2023
              EP 5/2022 OF SUB COURT, PATHANAMTHITTA
PETITIONER/1ST RESPONDENT/1ST JUDGMENT DEBTOR:

          THE STATE OF KERALA REPRESENTED BY THE DISTRICT
          COLLECTOR, PATHANAMTHITTA
          COLECTORATE, PATHANAMTHITTA, PIN - 689645

          BY ADV GOVERNMENT PLEADER



RESPONDENTS/PETITIONERS/DECREE HOLDERS/ CLAIMANTS/LEGAL HEIRS AND
2ND JUDGMENT DEBTOR/2ND RESPONDENT:

    1     CHERIAN (DIED)
          OTTUKALLIL VEETTIL, VETTIPURAM MURI, PATHANAMTHITTA.,
          PIN - 689645

    2     LEELAMMA (DIED)
          OTTUKALLIL VEETTIL, VETTIPURAM MURI, PATHANAMTHITTA.,
          PIN - 689645

    3     ANIL CHERIAN
          AGED 39 YEARS
          D/O. LATE SAMUEL CHERIAN, OTTUKALLIL VEETTIL,
          VETTIPURAM MURI, PATHANAMTHITTA., PIN - 689645

    4     SANU CHERIAN
          AGED 37 YEARS
          S/O. LATE SAMUEL CHERIAN, OTTUKALLIL VEETTIL,
          VETTIPURAM MURI, PATHANAMTHITTA., PIN - 689645

    5     THE SECRETARY, PATHANAMTHITTA MUNICIPALITY
          PATHANAMTHITTA DISTRICT., PIN - 689645

           SRI. N. RAGHURAJ


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13.04.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 561 OF 2023                     2



               Dated this the 13th day of April, 2023

                                 JUDGMENT

The original petition is filed to direct the Court of the

Subordinate Judge, Pathanamthitta, to grant the

petitioner-State atleast six months time to deposit the

admitted amount in E.P.No.5/2022, to satisfy the decree.

2. When the original petition came up for

consideration on 2.3.2023, this Court passed the

following order:-

" Issue notice before admission by speed post to the respondents.

On a consideration of the pleadings and materials on record and taking note of the submission made by the learned Government Pleader that the petitioner is prepared to deposit the entire amount covered by Ext.P7 order on or before 13.04.2023, I am inclined to pass a conditional interim order. Hence, I stay the operation of Ext.P7 order till 12.04.2023, on condition that the petitioner deposits entire amount covered by Ext.P7 order before the execution court on or before 11.04.2023. If the said amount is deposited, the same shall be released to the respondents 3 and 4 in Ext.P7 in equal shares in accordance with law."

3. Today, when the original petition was taken up for

consideration, the learned Government Pleader, on

instructions, submitted that the petitioner has complied

with the above interim order and the court below has by

proceedings dated 12.4.2023 recorded full satisfaction

and closed the execution petition. The said submission is

not opposed by Sri.N.Raghuraj, the learned counsel

appearing for the respondents.

4. In the light of the above submission, I hold that

the original petition has become infructuous.

Resultantly, the original petition is disposed as

infructuous.

Sd/-

C.S.DIAS, JUDGE

rmm13/4/2023