Kerala High Court
Najeeb vs Nisha Joffy on 12 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
OP(C) NO. 937 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN AS NO.5 OF 2022 OF ADDITIONAL
DISTRICT COURT & SESSIONS COURT -IV, THRISSUR / III ADDITIONAL
MACT, THRISSUR ARISING OUT OF THE ORDER/JUDGMENT DATED IN OS
NO.176 OF 2016 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT /
COMMERCIAL COURT, THRISSUR
PETITIONER(S)PETITIONERS/APPELLANTS/JUDGMENT DEBTORS/DEFENDANTS:
1 NAJEEB,
AGED 53 YEARS
S/O. KUNJUMUHAMMED, KATTAKATHU
VEETTIL ,SREENARAYANAPURAM VILLAGE, SANTHIPURAM DESAM,
KODUNGALLUR TALUK. THRISSUR DISTRICT, PIN - 680664
2 RASHEED,
AGED 56 YEARS
S/O HAMEED, THOTTUNGAL UNNICHIRA DESAM, KAKKANAD
VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT-, PIN -
682030
BY ADVS.
K.M.MUHAMMED HUSSAIN
MANUMON A.
RESPONDENT(S)RESPONDENT/RESPONDENT/DECREE HOLDER/PLAINTIFF:
1 NISHA JOFFY
W/O JOFFY JACOB, ALAPPAT KEETTIKAL, OLLUR VILLAGE,
THRISSUR TALUK NOW RESIDING AT PAVARATTY VILLAGE DESAM
CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680507
2 DISTRICT COLLECTOR THRISSUR
CIVIL STATION AYYANTHOLE THRISSUR DISTRICT-, PIN -
680003
3 DISTRICT COLLECTOR ERNAKULAM
CIVIL STATION KAKKANAD ERNAKULAM DISTRICT-, PIN -
682030
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 937 OF 2024
2
JUDGMENT
Petitioners are the judgment debtors in E.P.No.222 of 2021
in O.S. No.176/2016 on the files of the Principal Sub Court,
Thrissur. The first respondent is the decree holder.
2. The execution petition has been filed to execute the
decree in O.S. No.176/2016. The decree is one for money. The
petitioners challenged the decree and judgment in appeal before
the IVth Additional District Court, Thrissur in A.S. No.5 of 2022.
The appeal has been preferred as an indigent appeal. Along
with the appeal, the petitioners filed indigent application under
Order XXXIII Rule 3 of CPC seeking permission to prefer an
appeal as indigent person. It is still pending. The petitioners
have also filed Ext.P5 application to amend schedule of Ext.P3
which is also still pending. In the meanwhile, the execution
petition has been proceeded with and it is submitted that the
property belonging to the petitioners has been put for sale on
10.06.2024. This original petition has been filed to give a
OP(C) NO. 937 OF 2024
direction to the IVth Additional District Court, Thrissur to dispose
of Exts.P3 and P5 and to keep in abeyance further proceedings
in E.P. No.222/2021 till the disposal of Exts.P3 and P5.
3. I have heard the learned counsel for the petitioners.
Considering the nature of the order going to be passed, I am of
the view that notice need not be issued to the respondents.
4. The indigent application filed under Order XXXIII Rule
3 of CPC in the year 2022 has not been disposed of so far.
Without disposing the indigent application, the appeal cannot be
admitted and stay petition filed by the petitioners cannot be
considered.
5. In these circumstances, I am of the view that there can
be a direction to the IVth Additional District Court, Thrissur to
dispose of Exts. P3 and P5. In the result, this original petition is
disposed of as follows.
(i) The IVth Addiitonal District Court, Thrissur is directed
to dispose of Exts.P3 and P5 within one month from the
date of re-opening of the Court after summer vacation.
OP(C) NO. 937 OF 2024
(ii) The sale of the property shall be deferred till the
disposal of Exts.P3 and P5.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
mus
OP(C) NO. 937 OF 2024
APPENDIX OF OP(C) 885/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN OS.NO.1/2022
FILED BEFORE THE MUNSIFF COURT
IRINJALAKUDA
Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED
BY THE PLAINTIFFS IN OS.1/2022 DATED
17.08.2022
Exhibit P3 TRUE COPY OF THE COMMISSION REPORT AND
DATED 30.03.2022
Exhibit P4 TRUE COPY OF THE COMMISSION REPORT AND
ROUGH PLAN IN I.A.NO.8/2022 IN
OS.NO.1/2022 DATED 13.06.2023
Exhibit P5 TRUE COPY OF THE JUDGMENT IN
OS.NO.1/2022 DATED 01.12.2023 OF THE
PRINCIPAL MUNSIFF, IRINJALAKUDA
Exhibit P6 TRUE COPY OF THE MEMORANDUM OF APPEAL
AS.8 OF 2024 FILED BEFORE THE SUB COURT
IRINJALAKUDA
Exhibit P7 TRUE COPY OF THE APPLICATION I.A.NO.2 OF
2024 IN A.S.NO.8 OF 2024 FILED BEFORE
THE SUB COURT, IRINJALAKUDA DATED
09.01.2024
Exhibit P8 TRUE COPY OF THE OBJECTION IN
I.A.NO.2/2024 IN AS.8/2024 DATED
02.02.2024
Exhibit P9 TRUE COPY OF THE ORDER DATED 15.03.2024
IN IA.NO.2 OF 2024 IN A.S.NO.8 OF 2024
DR. KAUSER EDAPPAGATH
JUDGE
OP(C) NO. 937 OF 2024
APPENDIX OF OP(C) 937/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGEMENT DATED 08-01-
2021 IN O.S NO.176/2016 BEFORE THE
PRINCIPAL SUB COURT THRISSUR
Exhibit P2 THE TRUE COPY OF THE A.S.NO. 5 OF 2022
BEFORE THE IV TH ADDITIONAL DISTRICT
COURT THRISSUR FILED BY THE PETITIONER
DATED 01-01-2022
Exhibit P3 THE TRUE COPY OF THE I.A.NO.1 OF 2022 IN
A.S.NO. 5 OF 2022 ON THE FILES OF IV
ADDITIONAL DISTRICT COURT- THRISSUR
DATED 01-01-2022
Exhibit P4 THE TRUE COPY OF E.P.NO.222 OF 2021 IN
O.S.NO.176 /2016 ON THE FILES OF THE
PRINCIPAL SUB COURT- THRISSUR DATED 20-
10-2021
Exhibit P5 THE TRUE COPY OF THE I.A.NO.5 OF 2024 IN
I.A.NO.1 OF 2022 IN A.S.NO.5 OF 2022 ON
THE FILES OF IV ADDITIONAL DISTRICT
COURT- THRISSUR DATED 28-01-2024
Exhibit P6 THE TRUE COPY OF THE OBJECTION TO DRAFT
SALE PROCLAMATION IN E.P.NO.222 OF 2021
IN O.S.NO.176 /2016 ON THE FILES OF THE
PRINCIPAL SUB COURT- THRISSUR DATED 22-
08-2023
Exhibit P7 THE TRUE COPY OF THE PROCEEDINGS DATED
05-04-2024 IN E.P.NO.222 OF 2021 IN
O.S.NO.176 /2016 ON THE FILES OF THE
PRINCIPAL SUB COURT- THRISSUR OBTAINED
FROM THE WEBSITE OF E-COURT SERVICE
Exhibit P8 THE TRUE COPY OF THE PROCEEDINGS DATED
29-01-2024 IN A.S.NO. 5 OF 2022 ON THE
FILES OF IVTH ADDITIONAL DISTRICT COURT-
THRISSUR OBTAINED FROM THE WEBSITE OF E-
COURT SERVICE
Exhibit P9 THE TRUE COPY OF EA.NO 726 OF 2022 IN
E.P.NO.222 OF 2021 IN O.S.NO.176 /2016
ON THE FILES OF THE PRINCIPAL SUB COURT-
THRISSUR DATED 19-07-2022
