Kerala High Court
Vinu. K.G vs Kerala Gramin Bank on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
OP(C) NO. 724 OF 2023
AGAINST THE PROCEEDINGS DATED 06.02.2023 IN E.P NO.77 OF
2018 IN O.S NO.611 OF 2014 OF THE HON'BLE MUNSIFF COURT,
PUNALUR
PETITIONERS/JUDGMENT DEBTOR/RESPONDENTS/DEFENDANTS:
1 VINU. K. G
AGED 52 YEARS
S/O. GANGADHARAN, VIJAYA BHAVAN,
MANJAMONKALA, ELAMPAL P. O.,
PATHANAPURAM, KOLLAM DISTRICT,
PIN - 691 322.
2 PRIYA KUMAR
AGED 57 YEARS
S/O. LATE LEKSHMANAN PILLAI,
AMBIKA NIVAS, NEAR MARY GIRI L.P.S.,
CHEMMANTHOOR P. O.,
KOLLAM DISTRICT, PIN - 691 305.
BY ADV K.J.JOSEPH
RESPONDENT/DECREE HOLDER/APPELLANT/PLAINTIFF:
KERALA GRAMIN BANK
PUNALUR BRANCH, KOLLAM DISTRICT - 673 122
REPRESENTED BY ITS MANAGER AND PRINCIPAL OFFICER,
VISHNU, AGED 28 YEARS,
S/O VIKRAMAN.
BY ADV SRI. GOPI KRISHNAN NAMBIAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C).No.724 OF 2023
2
JUDGMENT
Dated this the 24th day of March, 2023
The original petition is filed challenging Ext.P5
proceedings dated 06.02.2023 passed by the Munsiff
Court, Punalur in E.P No.77 of 2018 issuing a warrant
of arrest against the petitioners.
2. Today, when the original petition was taken
up for consideration, Sri.K.J.Joseph, the learned
counsel appearing for the petitioners submitted that
the petitioners limited relief in the original petition is
only to pay off the decree amount in equated monthly
installments.
3. Sri.Gopikrishnan Nambiar, the learned
counsel appearing for the respondent Bank, on
instructions, submitted that as on 16.03.2023, the
decree amount is Rs.5,40,232.50/-. The respondent
has no serious objection in the petitioners paying off
the decree amount in 4-5 equated monthly
installments.
OP(C).No.724 OF 2023
4. On evaluation of the pleadings and materials
on record and taking into account the limited relief
that has been prayed for by the petitioners, to give a
quietus to the litigation, I am inclined to exercise the
supervisory powers of this Court under Article 227 of
the Constitution of India and take a lenient view in the
matter, by permitting the petitioners to pay off the
decree amount in E.P No.77 of 2018 in fifteen equated
monthly installments.
Resultantly, I dispose of the original petition as
follows:-
(i) The Court of the Munsiff, Punalur is
directed to suspend E.P No.77 of 2018 in O.S
No.611 of 2014.
(ii) The petitioners are permitted to pay off
the balance decree amount in E.P No.77 of
2018, in fifteen equated monthly installments
commencing from 02.05.2023.
(iii) As and when the petitioners deposit the
OP(C).No.724 OF 2023
monthly installments, the same shall be
released to the respondent in accordance with
law.
(iv) In case the petitioners defaults in paying
two consecutive installments, the court below
is directed to revive E.P No.77 of 2018, from
the stage it has been stopped, and bring it to
its logical conclusion in accordance with law
and as expeditiously as possible.
Sd/-
C.S.DIAS
JUDGE
SPR
OP(C).No.724 OF 2023
APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED
15.06.2017 IN O.S.NO.611 OF 2014 OF THE
HON'BLE MUNSIFF COURT, PUNALUR.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED
26.10.2018 IN A.S.NO. 45 OF 2017 OF THE
HON'BLE SUB COURT, PUNALUR.
EXHIBIT P3 TRUE COPY OF THE EXECUTION PETITION IN
E.P.NO.77 OF 2018 IN O.S.NO.611 OF 2014
DATED 12.12.2018 BEFORE THE HON'BLE
MUNSIFF COURT, PUNALUR.
EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT DATED
29.08.2019 IN E.P.NO.77 OF 2018 IN
O.S.NO.611 OF 2014 BEFORE THE HON'BLE
MUNSIFF COURT, PUNALUR.
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS DATED
06.02.2023 IN E.P.NO.77 OF 2018 IN
O.S.NO.611 OF 2014 OF THE HON'BLE
MUNSIFF COURT, PUNALUR AS DOWNLOADED
FROM THE WEBSITE.
RESPONDENT'S EXHIBITS: NIL.
