Kerala High Court
Ranganathan vs Kannan Devan Hills Private Company ... 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. 929 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN EP NO.16 OF 2020 OF
MUNSIFF MAGISTRATE COURT, DEVIKULAM ARISING OUT OF THE
ORDER/JUDGMENT DATED IN MOP NO.63 OF 2014 OF MUNSIFF
MAGISTRATE COURT, DEVIKULAM
PETITIONERS/PETITIONER IN EA 44/2024/JUDGMENT DEBTOR IN EP
16/2020/ RESPONDENT IN MT OP 63/2014:
1 RANGANATHAN
AGED 67 YEARS, S/O SIRUVAN,
FORMER WORKER, ARIVIKKAD CENTER DIVISION,
GUDERALE ESTATE, RESIDING AT MGP 111/332,
DEVIKULAM, MUNNAR, KDH VILLAGE, PIN - 685613
2 ASWATHY
AGED 65 YEARS, W/O RANGANATHAN,
FORMER WORKER, ARIVIKKAD CENTER DIVISION,
GUDERALE ESTATE, RESIDING AT MGP 111/332,
DEVIKULAM, MUNNAR, KDH VILLAGE, PIN - 685613
BY ADV R.DIVAKARAN
RESPONDENTS/RESPONDENTS IN EA 44/2024/DECREE HOLDER IN EP
16/2020/ PETITIONER IN MTOP 63/2014:
1 KANNAN DEVAN HILLS PRIVATE COMPANY LIMITED
REGISTERED OFFICE AT KDPH HOUSE,
NH - 49, MUNNAR, KDH VILLAGE
REPRESENTED BY DEPUTY MANAGER, PIN - 685612
2 JAYAPAL
S/O RANGANATHAN, FORMER WORKER,
ARIVIKKAD CENTER DIVISION, GUDERALE ESTATE,
RESIDING AT MGP 111/332, DEVIKULAM,
MUNNAR, KDH VILLAGE, PIN - 685612
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 929/2024
..2..
JUDGMENT
This original petition has been filed to give a direction to the learned
Munsiff Court, Devikulam to consider Ext.P6 application and to stay the
delivery in E.P.No.16/2020 in MTOP No.63/2014, till the disposal of the
same.
2. I have heard the learned counsel appearing for the petitioners. I
am not inclined to grant the relief sought for. The decree has become final.
The petitioners were directed to remove B schedule structure with cost. In the
execution petition, delivery has been ordered. There is absolutely no merit in
Ext.P6 application.
3. The learned counsel for the petitioners submits that the
petitioners are prepared to vacate from the B schedule structure and remove
the B schedule structure within a period of one month. The 1 st petitioner for
himself and on behalf of the 2nd petitioner has filed an affidavit today
undertaking that they are prepared to vacate the B schedule building within
one month. The said undertaking is recorded. Hence, the petitioners are given
one month's time to vacate B schedule structure unconditionally. They shall
vacate the same and also remove the B schedule structure within one month
..3..
from today. The execution petition will be posted after one month.
The original petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
..4..
APPENDIX OF OP(C) 929/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ORDER IN MTOP NO. 63/2014
OF THE HONOURABLE SUB COURT, DEVIKULAM DATED
29.05.2015
EXHIBIT P2 THE TRUE COPY OF THE ORDER IN I.A NO. 698/2016
IN MTOP NO. 63/2014 DATED 08.03.2017
EXHIBIT P3 THE TRUE COPY OF THE EXECUTION PETITION FILED
BY THE 1ST RESPONDENT IN E.P NO. 16/2020 IN
EXHIBIT P4 THE TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER IN E.P NO. 16/2020 IN MTOP NO.
EXHIBIT P5 THE TRUE COPY OF THE ORDER IN E.P NO. 16/2020
IN MTOP NO. 63/2014 DATED 22.02.2024
EXHIBIT P6 THE TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONERS BEFORE THE MUNSIFF COURT,
DEVIKULAM EA 44/2024 IN E.P NO. 16/2020 IN MTOP
NO. 63/2014 DATED 04.04.2024
