Kerala High Court
Sivadasan vs Murukan on 19 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
OP(C) NO. 1856 OF 2023
AGAINST THE JUDGMENT IN EP 236/2014 OF ADDITIONAL SUB COURT,
PALAKKAD
PETITIONERS/ADDL.JUDGMENT DEBTORS 10 TO 12 IN
EP.NO.236/2014/LEGAL REPRESENTATIVES OF 6TH DEFENDANT IN
O.S.NO.415/2009:
1 SIVADASAN
AGED 49 YEARS
H/O LATE USHA, ANAMARIYIL, KIZHAKETHTHARA DESOM,
KOLLENGODE NO.1 VILLAGE, CHITTOOR TALUK, PALAKKAD,,
PIN - 678101
2 AISWARYA
AGED 17 YEARS
(MINOR) , D/O SIVADASAN, ANAMARIYIL, KIZHAKETHTHARA
DESOM, KOLLENGODE NO.1 VILLAGE, CHITTOOR TALUK,
PALAKKAD, PIN 678101. REPRESENTED BY 1ST PETITIONER
NATURAL GUARDIAN, SIVADASAN, AGED 44, H/O LATE
USHA, ANAMARIYIL, KIZHAKETHTHARA DESOM, KOLLENGODE
NO.1 VILLAGE, CHITTOOR TALUK, PALAKKAD,, PIN -
678101
3 RIDHIK
AGED 10 YEARS
(MINOR) , S/O SIVADASAN, ANAMARIYIL, KIZHAKETHTHARA
DESOM, KOLLENGODE NO.1 VILLAGE, CHITTOOR TALUK,
PALAKKAD, PIN 678101, REPRESENTED BY 1ST PETITIONER
NATURAL GUARDIAN, SIVADASAN, AGED 44, H/O LATE
USHA, ANAMARIYIL, KIZHAKETHTHARA DESOM, KOLLENGODE
NO.1 VILLAGE, CHITTOOR TALUK, PALAKKAD,, PIN -
678101
BY ADVS.
SARATH M.S.
B.PREMNATH (E)
OP(C) NO. 1856 OF 2023
2
RESPONDENTS/DECREE HOLDER & DEFENDATNS 1 TO 5 & 7 TO 9 IN
EP.NO.236/2014/DEFENDANTS 1 TO 5 & 7 TO 9
O.S.NO.415/2009::
1 MURUKAN
AGED 50 YEARS
S/O PAZHANISWAMI, WARD 20, KONIYAMMAN LAY OUT,
KUNIYAMUTHOOR MUNICIPALITY, POLLACHI TALUK,
COIMBATORE, TAMIL NADU,, PIN - 642001
2 SUNDARI
AGED 70 YEARS
W/O PONNUCHAMI, ANAMARIYIL, KIZHAKETHTHARA
DESOM, KOLLENGODE NO.1 VILLAGE, CHITTOOR TALUK,
PALAKKAD,, PIN - 678101
3 SULOCHANA
AGED 51 YEARS
W/O SARAVANAN, ANAMARIYIL, KIZHAKETHTHARA DESOM,
KOLLENGODE NO.1 VILLAGE, CHITTOOR TALUK,
PALAKKAD,, PIN - 678101
4 RAJAN
AGED 50 YEARS
S/O PONNUCHAMI, ANAMARIYIL, KIZHAKETHTHARA
DESOM, KOLLENGODE NO.1 VILLAGE, CHITTOOR TALUK,
PALAKKAD,, PIN - 678101
5 SUMATHI
AGED 48 YEARS
D/O PONNUCHAMI, ANAMARIYIL, KIZHAKETHTHARA
DESOM, KOLLENGODE NO.1 VILLAGE, CHITTOOR TALUK,
PALAKKAD,, PIN - 678101
6 BABY
AGED 46 YEARS
D/O PONNUCHAMI, ANAMARIYIL, KIZHAKETHTHARA
DESOM, KOLLENGODE NO.1 VILLAGE, CHITTOOR TALUK,
PALAKKAD,, PIN - 678101
7 RUGMINI
AGED 41 YEARS
D/O PONNUCHAMI, ANAMARIYIL, KIZHAKETHTHARA
DESOM, KOLLENGODE NO.1 VILLAGE, CHITTOOR TALUK,
PALAKKAD,, PIN - 678101
8 SARITHA
AGED 38 YEARS
D/O PONNUCHAMI, ANAMARIYIL, KIZHAKETHTHARA
DESOM, KOLLENGODE NO.1 VILLAGE, CHITTOOR TALUK,
OP(C) NO. 1856 OF 2023
3
PALAKKAD,, PIN - 678101
9 SIVANANDAN
AGED 35 YEARS
S/O PONNUCHAMI, ANAMARIYIL, KIZHAKETHTHARA
DESOM, KOLLENGODE NO.1 VILLAGE, CHITTOOR TALUK,
PALAKKAD,, PIN - 678101
BY ADVS.
RAJESH SIVARAMANKUTTY
VIJINA K.(K/229/2016)
ARUL MURALIDHARAN(K/000853/2018)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 1856 OF 2023
4
JUDGMENT
The limited plea made by the learned counsel for the
petitioner today is that his client be offered three months time
to pay off the entire decree debt in O.S.No.415/2009 on the
files of the Additional Sub Court, Palakkad.
2. Sri.Rajesh Sivaramankutty- learned counsel for the
1st respondent - decree holder, conceded to the afore
suggestion; however, prayed that if there is any default, the
Execution Court be directed to expedite the Execution
Proceedings and sell the decree schedule property, without any
avoidable delay.
3. Taking note of the afore submissions, I allow this
Original Petition to the limited extent of permitting the
petitioner to pay the entire decree amount - deducting any
amounts that he has paid already - along with applicable
interest, in three equal monthly installments, commencing
from 30.11.2023.
If the afore payments are made, the Execution Court will
terminate the Execution Proceedings and close it; while, if
there is any default, it shall continue with the same from the
stage at which it is available, without having to obtain any
OP(C) NO. 1856 OF 2023
further orders from this Court. I record that this has been
agreed to by the learned counsel for the petitioner also.
Sd/- DEVAN RAMACHANDRAN,
JUDGE
lsn
OP(C) NO. 1856 OF 2023
APPENDIX OF OP(C) 1856/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE E.P. NO.236/2014 IN
O.S. NO.415/2009 ON THE FILE OF ADDL.
SUB COURT, PALAKKAD DATED 18/8/2014
Exhibit P2 TRUE COPY OF THE COUNTER IN E.P.
NO.236/2014 IN O.S. NO.415/2009 DATED
16/8/2021 ON THE FILE OF ADDL. SUB
COURT, PALAKKAD
Exhibit P3 TRUE COPY OF THE E.A. IN E.P.
NO.236/2014 IN O.S. NO.415/2009 ON THE
FILE OF ADDL. SUB COURT, PALAKKAD DATED
31.8.2018 SEEKING IMPLEADMENT OF
PETITIONERS HEREIN/ADDL. DEFENDANTS 10
TO 12
Exhibit P4 TRUE COPY OF THE E.A. NO.483/2021 IN
E.P. NO.236/2014 IN O.S. NO.415/2009 ON
THE FILE OF ADDL. SUB COURT, PALAKKAD
DATED 16.12.2021 SEEKING TO APPOINT THE
PETITIONER HEREIN AS THE GUARDIAN OF
MINOR PETITIONERS 2 & 3 HEREIN/ADDL.
DEFENDANTS 11 & 12
Exhibit P5 TRUE COPY OF THE E-COURT PROCEEDINGS IN
E.P. NO.236/2014 IN O.S. NO.415/2009
TAKEN FROM THE OFFICIAL WEBSITE OF
ADDL. SUB COURT, PALAKKAD SHOWING THE
SALE DATED 11/9/2023
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
