Unnikrishnan vs Sreenarayana Dharma ...
2023 Latest Caselaw 6046 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                        OP(C) NO. 658 OF 2023
   AGAINST THE ORDER DATED 13.01.2022 IN E.P.No.1360/2019 IN OS
               385/2018 OF MUNSIFF COURT, KODUNGALLUR


PETITIONERS/JUDGMENT DEBTOR/DEFENDANTS:

    1       UNNIKRISHNAN
            AGED 44 YEARS
            S/O KOKKUVAYIL GOVINDHAN, KOTHAPARAMBU DESOM,
            SREENARAYANAPURAM VILLAGE, KODUNGALLUR TALUK, PIN -
            680668

    2       SUJITH
            AGED 44 YEARS
            S/O MANGALATHVENUGOPALAN, ALA DESOM, SREENARAYANAPURAM
            VILLAGE, KODUNGALLUR TALUK, PIN - 680668

            BY ADV P.V.SOBHANA



RESPONDENT/DECREE HOLDER/PLAINTIFF:

            SREENARAYANA DHARMA PARIPALNAYUVAJANA SAMITHI,
            OTTIKKAL DESOM, AZHIKODE VILLAGE, KODUNGALLUR TALUK,
            THE FIRM REP. BY SECRETARY : PREMACHANDRAN, AGED 71
            YEARS, S/O KOTTALIKKAL NARAYANAN, KOTTIKKAL DESOM,
            AZHIKODE VILLAGE, KODUNGALLUR TALUK, PIN - 680666


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.06.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 658 OF 2023               2



                                 JUDGMENT

It is against the issuance of warrant on

13.01.2022, in execution of decree for realization

of money the judgment debtors came up. Warrant was

issued by the execution court, after conducting an

enquiry, in which the decree holder had given

evidence as PW1, but the judgment debtors kept away

from the court without giving any direct evidence.

The trial court, on consideration of the oral

evidence tendered by the decree holder and all other

relevant aspects found that the judgment debtors are

having sufficient means to pay the amount due and

hence ordered accordingly. The petitioners came up

without any sufficient reason so as to exercise

jurisdiction under Article 227 of the Constitution.

Hence, this O.P(C) will stand dismissed with a

direction to the execution court to expedite the

disposal of the E.P within a time schedule of one

month from the next posting date.

This O.P(C) will stand dismissed accordingly.

Sd/-

P.SOMARAJAN JUDGE

LEK

APPENDIX OF OP(C) 658/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF O.S. NO.385/2018 ON THE FILES OF THE HON'BLE MUNSIFF'S COURT, KODUNGALLUR

Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 31.01.2019 IN O.S. NO.385/2018 ON THE FILES OF THE HON'BLE MUNSIFF'S COURT, KODUNGALLUR

Exhibit P3 A TRUE COPY OF THE DECREE DATED 31.01.2019 IN O.S. NO.385/2018 ON THE FILES OF THE HON'BLE MUNSIFF'S COURT, KODUNGALLUR

Exhibit P4 A TRUE COPY OF E.P. NO.1360/2019 IN O.S.

NO.385/2018 ON THE FILES OF THE HON'BLE MUNSIFF'S COURT, KODUNGALLUR

Exhibit P5 A TRUE COPY OF THE OBJECTION FILED BY THE JUDGMENT DEBTORS IN E.P. NO.1360/2019 DATED 15-02-2020

Exhibit P6 A TRUE COPY OF THE ORDER DATED 13.01.2022 IN E.P. NO.1360/2019 IN O.S. NO.385/2018 ON THE FILES OF THE HON'BLE MUNSIFF'S COURT, KODUNGALLUR

Exhibit P7 A TRUE COPY OF THE A DIARY PROCEEDINGS DATED 14.10.2022 IN E.P. NO.1360/2018 ON THE FILES OF HON'BLE MUNSIFF'S COURT, KODUNGALLUR