Kerala High Court
Muhammad Ashraf P.A vs Ahammad on 27 October, 2023
OP(C) No.2054/2018 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Friday, the 27th day of October 2023 / 5th Karthika, 1945
IA.NO.1/2023 IN OP(C) NO. 2054 OF 2018
EP 1148/2015 IN OS 1723/2013 OF MUNSIFF COURT, KODUNGALLUR, THRISSUR
PETITIONER/ PETITIONER:
MUHAMMAD ASHRAF P.A, AGED 66 YEARS, S/O ABDU, PUZHANKARAYILLATH, P.O
MATHILAKAM, KODUNGALLOOR, PIN-680 685.
RESPONDENT/ RESPONDENT:
AHAMMAD, AGED 62 YEARS, S/O THARUPEEDIKAVUL ABDUL RAHMAN,
KONATHUKUNNU DESOM, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT-680 001.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to recall arrest
warrant issued by the Munsiff Court, Kodungallur in EP No. 1148/2015.
This Application again coming on for orders upon perusing the
application and the affidavit filed in support thereof and this court's
order dated 25-07-2023 and this court's judgment dated 18-07-2022 and upon
hearing the arguments of Sri. SHIRAZ ABDULLA M.S, Advocate for the
petitioner and of M/S T.MADHU & C.R.SARADAMANI, Advocates for the
respondent, the court passed the following:
OP(C) No.2054/2018 2/5
C.S.DIAS, J.
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OP(C) No.2054 of 2018
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Dated this the 27th day of October, 2023
ORDER
I.A.No.1/2023
The application is filed to recall the arrest warrant
issued against the petitioner by the Court of the Munsiff,
Kodungallur in E.P.No.1148/2015.
2. The petitioner has stated in the affidavit in support
of the application that pursuant to the judgment passed by
this Court in the original petition, the petitioner has been
making regular payments to the respondent/decree holder.
However, he is suffering from various ailments, including a
cardiac problem. He had approached the respondent on
several occasions to arrive at an amicable settlement. But
the court below has issued a warrant of arrest against him.
Taking into consideration the pathetic condition of the
petitioner, the warrant of arrest may be recalled. Hence,
the application.
OP(C) No.2054/2018 3/5
OP(C) No.2054 of 2018
3. Heard; Sri.Shiraz Abdulla M.S., the learned Counsel
appearing for the petitioner and Sri.T.Madhu, the learned
Counsel appearing for the respondent.
4. On an appreciation of the materials on record, it is
seen that this Court by judgment dated 18.07.2022 had
disposed of the original petition by confirming the impugned
order, but permitted the petitioner to pay the entire balance
decree amount due to the respondent in E.P.No.1148/2015 in
eight equated monthly installments commencing from
16.08.2022. In case of default of one of the installments, the
execution court was directed to proceed with Ext.P3 order and
dispose of E.P.No.1148/2015.
5. The learned Counsel appearing for the petitioner
submits that it is reasons much beyond the control of the
petitioner that he could not pay the balance amount in the
execution petition. Nonetheless, he is prepared to pay the
remaining amount as directed by this Court.
6. The learned Counsel appearing for the respondent
submitted that as per Annexure A3 proceedings dated
OP(C) No.2054/2018 4/5
OP(C) No.2054 of 2018
13.04.2023, an amount of Rs.1,19,657/- is due from the
petitioner to the respondent.
7. Taking into account the reasons stated in the affidavit
and after perusing Annexure A3 order, I am of the view that
the petitioner can be granted one last opportunity to pay the
entire amount of Rs.1,19,657/- within two weeks from today.
In the result, to enable the petitioner to pay the amount
as observed above, the Court of the Munsifff, Kodungallur is
directed to defer further coercive proceedings as against the
petitioner in E.P.No.1148/2015 till 10.11.2023, subject to
the condition that the petitioner producing a demand draft
drawn in favour of the respondent for an amount of
Rs.19,657/- on or before the next posting date.
Post on 08.11.2023.
sd/-
rkc/27.10.2023 C.S.DIAS, JUDGE
27-10-2023 /True Copy/ Assistant Registrar
OP(C) No.2054/2018 5/5
APPENDIX OF OP(C) 2054/2018
ANNEXURE A3 A TRUE COPY OF THE PROCEEDINGS/ POSTINGS BEFORE THE
HON'BLE MUNSIFF COURT, KODUNGALLOOR IN OS NO. 1723/2013
IN EP NO. 1148/2015.
EXHIBIT P3 COPY OF THE PROCEEDING SHEET OF EP 1148/15 IN OS
NO.1723/13, MUNSIFF COURT, KODUNGALLUR
27-10-2023 /True Copy/ Assistant Registrar
