Biju Joseph vs Kerala Gramin Bank,Represented ...
2023 Latest Caselaw 433 Ker

OP(C) NO.2471 OF 2022                1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                         OP(C) NO. 2471 OF 2022
                  OS 60/2015 OF MUNSIFF COURT, IDUKKI
PETITIONER/S:

          BIJU JOSEPH
          AGED 47 YEARS
          S/O. JOSEPH,
          KUZHIKATTUKUNNEL,
          KALAYANTHANI P.O.. ALACODE VILLAGE,
          THODUPUZHA, IDUKKI DISTRICT
          , PIN - 685588
          BY ADV E.V.MOLY


RESPONDENT/S:

          KERALA GRAMIN BANK,REPRESENTED BY ITS BRANCH MANAGER
          KARIMANOOR BRANCH, KALAYANTHANI P.O.
          THODUPUZHA, IDUKKI DISTRICT
          , PIN - 685588
OTHER PRESENT:

          ADV JAWAHAR JOSE


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO.2471 OF 2022            2




                          JUDGMENT

The original petition is filed to direct the Court of the

Munsiff, Thodupuzha, to refer the parties in

E.P.No.39/2017 in O.S.No.60/2015 to mediation.

2. When the original petition was taken up for

consideration today, Smt.E.V.Moly, the learned counsel

appearing for the petitioner, submitted that petitioner

would be satisfied if this Court permits the petitioner to

pay off the entire decree debt in E.P.No.39/2017 in equated

monthly instalments.

3. Sri.Jawahar Jose, the learned counsel appearing

for the respondent, on instructions, submitted that the

respondent has no serious objection in the above prayer

being allowed. However, as on 7.1.2023, the outstanding

amount is Rs.10,85,988/- with accrued interest. The

petitioner may be directed to pay off the decree debt in

5-6 monthly instalments.

4. In the light of the pleadings and materials on

record and the limited relief that has been sought for, I am

of the view that a quietus can be given to the litigation by

permitting the petitioner to pay off the decree debt in

E.P.No.39/2017 in 10 equated monthly instalments

commencing from 15.02.2023.

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 Court of the Munsiff, Thodupuzha, is directed to defer further proceedings in E.P.No.39/2017 in O.S. No.60/2015.

(ii) The petitioner is permitted to pay off the decree debt in E.P.No.39/2017 in ten equated monthly instalments commencing from 15.02.2023.

(iii) The amount deposited by the petitioner shall be released to the respondent, in accordance with law.

(iv) In case the petitioner commits default in payment of one of the instalments, the Court of the Munsiff, Thodupuzha, is directed to revive E.P.No.39/2017 from the stage it has been stopped and dispose of the

execution petition, in accordance with law, as expeditiously as possible.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE okb/11.1.2023 //True copy// P.S. to Judge

APPENDIX OF OP(C) 2471/2022

PETITIONER EXHIBITS Exhibit1 THE TRUE COPY OF THE JUDGMENT DATED 15.06.2016 IN O.S.60/2015 OF HON'BLE MUNSIFF COURT, THODUPUZHA Exhibit P2 THE TRUE COPY OF THE RECEIPT DATED 9.11.2022 Exhibit P3 THE TRUE COPY OF THE CERTIFICATE OF DISABILITY NO. 277/22 ISSUED BY DISTRICT HOSPITAL, THODUPUZHA, IDUKKI Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED 27.03.2019 IN OPC.NO.1049/2019 Exhibit P5 THE TRUE COPY OF THE BALANCE STATEMENT UPTO 23.09.2022 FILED BY THE RESPONDENT BANK IN EP.NO.39/2017 IN O.S.60/2015