K.Shanmugha Kounter vs Arulnjanam
2023 Latest Caselaw 1086 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                       OP(C) NO. 737 OF 2014
              IN OS 587/2001 OF MUNSIFF COURT, CHITTUR
PETITIONER:

    1     K.SHANMUGHA KOUNTER
          AGED 84 YEARS
          S/O.VELLAYYA KOUNDER,
          KULLARAYAM PALAYAM, PAZHANIYAR PALAYAM,
          KOZHINJAPARA, PALAKKAD-678555.

    2     VIVEKANANDHAN
          AGED 41 YEARS
          S/O.SHANMUGHA KOUNDER,
          KULLARAYAM PALAYAM, PAZHANIYAR PALAYAM,
          KOZHINJAPARA, PALAKKAD-678555.

          BY ADV SRI.U.BALAGANGADHARAN


RESPONDENT/S:

          ARULNJANAM
          S/O.ANTHONI MUTHU, NJANI HOUSE,
          PAZHANIYAR PALAYAM, KOZHINJANPARA,
          CHITTUR TALUK, PALAKKAD-678555.

          BY ADV SRI.RAJESH SIVARAMANKUTTY

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.737/2014

                                      -:2:-




                     Dated this the 17th day of January,2023

                             JUDGMENT

The original petition is filed challenging Ext P5

order passed in E.A.No.173/2014 in E.P.No.453/2011 in

O.S.No.587/2001 of the Court of the Munsiff, Palakkad.

2. When the original petition came up for

admission on 11.03.2014, this Court stayed further

proceedings in the execution petition, on condition that

the petitioners deposit an amount of Rs.25,000/- before

the court below. Thereafter, the interim order was

extended only by a period of two months on

09.11.2014. Subsequently, the interim order was not

extended.

3. Today, when the original petition was taken

up for consideration, Sri. Rajesh Sivaramankutty, the

learned counsel appearing for the respondent, O.P.(C)No.737/2014

submitted that as the petitioners failed to comply with

the conditional interim order, the Execution Court

proceeded with the execution petition and the sale was

conducted and confirmed. Hence, the original petition

has become infructuous.

Recording the said submission, the original

petition is dismissed as infructuous.

Sd/-

                                      C.S.DIAS,JUDGE

DST/17.01.23                                            //True copy//

                                                        P.A.To Judge