Josemon Simon vs Bincy M. Philip
2024 Latest Caselaw 6046 Ker

Kerala High Court

Josemon Simon vs Bincy M. Philip on 23 February, 2024

Author: Anu Sivaraman

Bench: Anu Sivaraman

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                     &
                THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
         FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                          OP (FC) NO. 69 OF 2024
  EP 8/2022 OF FAMILY COURT, PALA IN OP 268/2021 OF FAMILY COURT, PALA


PETITIONER(S)/JUDGMENT DEBTORS:

     1       JOSEMON SIMON
             AGED 40 YEARS
             S/O.SIMON JOSEPH (DAYI), KOONTHAMATTATHIL HOUSE, UZHAVOOR
             P.O, KOTTAYAM DISTRICT, PIN - 686634
     2       SIMON JOSEPH (DAYI)
             AGED 68 YEARS
             S/O.LATE JOSEPH, KOONTHAMATTATHIL HOUSE, UZHAVOOR P.O,
             KOTTAYAM DISTRICT, PIN - 686634
             BY ADVS.
             M.M.DEEPA
             K.C.SANTHOSHKUMAR
             P.MAYA
             N.SUDHA


RESPONDENT(S)/DECREE HOLDER

             BINCY M. PHILIP
             AGED 39 YEARS
             W/O.JOSEMON SIMON, KOONTHAMATTATHIL HOUSE, UZHAVOOR P.O,
             KOTTAYAM DISTRICT; NOW RESIDING AT CHAKKALACKAL HOUSE,
             MONIPPALLY P.O, KOTTAYAM DISTRICT, PIN - 686634
             BY ADVS.
             JACOB E SIMON E
             SHIBY ALEX(K/123/2003)
             ARATHY P.(K/003158/2022)



     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 23.02.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(FC) NO.69 OF 2024
                                            2




                                    JUDGMENT

Dated this the 23rd day of February, 2024

ANU SIVARAMAN, J.

Heard the learned Counsel on either side.

2. It is submitted by the learned Counsel for the

petitioners that the petitioners have been paying

amounts towards the decree debt and that the

warrant of arrest may be proceeded with, only after

first proceeding against the property.

3. The learned Counsel appearing for the

respondent also submits that the personal execution

is liable to be proceeded with, only after exhausting

the property which has been given as security.

In the above view of the matter, the Original

Petition (F.C.) is disposed of directing that the

payments made by the petitioners towards the

decree debt may be considered and that

proceedings for the execution of the decree OP(FC) NO.69 OF 2024

personally against the petitioners shall only be after

exhausting the remedy as against the property

given in security.

Sd/-

ANU SIVARAMAN JUDGE

Sd/-

C. PRATHEEP KUMAR JUDGE

NB/23-2 OP(FC) NO.69 OF 2024

APPENDIX OF OP (FC) 69/2024

PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE EXECUTION PETITION BEARING EP NO.8/2022 IN OP NO.268/2021 ON THE FILE OF THE FAMILY COURT, PALA EXHIBIT-P2 TRUE COPY OF THE APPLICATION DATED 25.11.2023 BEARING EA NO.4/2023 IN EP NO.8/2022 IN OP NO.268/2021 ON THE FILE OF FAMILY COURT, PALA EXHIBIT-P3 TRUE COPY OF THE ORDER DATED 28.12.2023 IN EP NO.8/2022 ON THE FILE OF THE FAMILY COURT, PALA

RESPONDENTS' EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE