Kerala High Court
Kunjukrishnan vs Vivekanandan @ Sathyaseelan on 5 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 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
OP(C) NO. 877 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.51 OF 2018 OF II
ADDITIONAL MUNSIFF COURT ,NEYYATTINKARA
PETITIONERS/PETITIONERS/RESPONDENTS:
1 KUNJUKRISHNAN
AGED 76 YEARS
S/O APPIYAN NADAR,
RESIDING AT KRIPA NILAYAM,
KARAKKATTUVILA VEEDU, POOVADA,
NARUVAMOODUP.O,NEEYATTINKARA,
THIRUVANATHAPURAM-695 528
REPRESENTED BY THEIR POWER ATTORNEY HOLDER
DAUGHTER NAMELY MRS. JISHAMOL L.K,
AGED 38 YEARS, D/O KUNJUKRISHNAN,
RESIDING AT KRIPA NILAYAM,
KARAKKATTUVILA VEEDU, POOVADA,
NARUVAMOODUP.O,NEEYATTINKARA,
THIRUVANATHAPURAM, PIN - 695528
2 LISSYBAI
AGED 73 YEARS, W/O KUNJUKRISHNAN,
RESIDING AT KRIPA NILAYAM, KARAKKATTUVILA VEEDU,
POOVADA, NARUVAMOODUP.O,NEEYATTINKARA,
THIRUVANATHAPURAM -695 528
REPRESENTED BY THEIR POWER ATTORNEY HOLDER
DAUGHTER NAMELY MRS. JISHAMOL L.K,
AGED 38 YEARS, D/O KUNJUKRISHNAN,
RESIDING AT KRIPA NILAYAM,
KARAKKATTUVILA VEEDU, POOVADA,
NARUVAMOODUP.O,NEEYATTINKARA,
THIRUVANATHAPURAM, PIN - 695528
BY ADVS.
GIGIMON ISSAC
S.MANIKANTAN NAIR
VAISHAKH M.S
RESPONDENTS/COUNTER PETITIONER/PLAINTIFF:
1 VIVEKANANDAN @ SATHYASEELAN
AGED 71 YEARS, S/O KRISHNAN NADAR,
SATHYA BHAVAN, POOVADAMELE,
KARAKKATTUVILA, PALLICHALDESOM,
O.P.(C) No. 877/2024
..2..
PALLICHAL VILLAGE,
THIRUVANATHAPURAM, PIN - 695020
2 CHANDRIKA
AGED 63 YEARS, W/O VIVEKANANDAN @ SATHYASEELAN,
SATHYA BHAVAN, POOVADAMELE,
KARAKKATTUVILA, PALLICHALDESOM,
PALLICHAL VILLAGE,
THIRUVANATHAPURAM, PIN - 695020
3 BIJU
AGED 38 YEARS, S/O VIVEKANANDAN @ SATHYASEELAN,
SATHYA BHAVAN, POOVADAMELE, KARAKKATTUVILA,
PALLICHALDESOM, PALLICHAL VILLAGE,
THIRUVANATHAPURAM, PIN - 695020
4 SAJU
AGED 36 YEARS, S/O VIVEKANANDAN @ SATHYASEELAN,
SATHYA BHAVAN, POOVADAMELE, KARAKKATTUVILA,
PALLICHALDESOM, PALLICHAL VILLAGE,
THIRUVANATHAPURAM, PIN - 695020
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 877/2024
..3..
JUDGMENT
Heard the learned counsel for the petitioners.
2. Petitioners are the judgment debtors and the respondents are the
decree holders in E.P.No.133/2021 in O.S.No.51/2018 on the file of II
Additional Munsiff Court, Neyyattinkara. The decree was one for permanent
prohibitory injunction. It was an exparte decree. The respondents filed
E.P.No.133/2021 in O.S.No.51/2018 to execute the decree. It is submitted that
a Commissioner has now been deputed in the execution proceedings. In the
meanwhile, the petitioners filed Exts.P3 and P4 applications to set aside the
exparte order and also to condone the delay in filing the application to set
aside the exparte order. There is a delay of 753 days. It is submitted that the
enquiry in those applications is going on. The prayer in the original petition is
to stay the execution proceedings till Exts.P3 and P4 are disposed of.
Having heard the learned counsel for the petitioners, this original
petition is disposed of with a direction to the II Additional Munsiff Court,
Neyyattinkara not to finally dispose of E.P.No.133/2021 in O.S.No.51/2018
before the disposal of Exts.P3 and P4 applications.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
..4..
APPENDIX OF OP(C) 877/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORIGINAL SUIT AS O.S NO.
51/2018 FILED BY THE RESPONDENTS BEFORE HON'BLE
MUNSIFF COURT, NEYYATINKARA
EXHIBIT P2 TRUE COPY OF THE EXECUTION PETITION NO. 133/21
OF 2ND ADDITIONAL MUNSIFF COURT, NEYYATINKARA
EXHIBIT P3 TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED
AS I.A NO. 3/2021 BEFORE THE PRINCIPAL MUNSIFF
COURT NEYYATINKARA TO SET ASIDE EX-PARTE DECREE
EXHIBIT P4 TRUE COPY OF INTERLOCUTORY APPLICATION FILED AS
I.A NO. 2 /2021 BEFORE THE PRINCIPAL MUNSIFF
COURT NEYYATINKARA TO CONDONE DELAY
EXHIBIT P5 TRUE COPY OF THE PETITION SEEKING PERMISSION TO
CONTEST THE CASE IN THE LIGHT OF POWER OF
ATTORNEY AND A COPY OF THE POWER OF ATTORNEY
DATED 10.01.2023
