Maliyekkalthodi Abdulla vs The Secretary, Anamangad Service ...
2024 Latest Caselaw 18865 Ker

Kerala High Court

Maliyekkalthodi Abdulla vs The Secretary, Anamangad Service ... on 28 June, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
    FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                       OP(C) NO. 1293 OF 2024
  EP 250/2022 IN ARC NO.232 OF 2019 OF MUNSIFF MAGISTRATE
                        COURT,PERINTHALMANNA
PETITIONER/RESPONDENT:

            MALIYEKKALTHODI ABDULLA, AGED 58 YEARS
            S/O KUNJIN MUSLIYAR, MALIYEKKALTHODI HOUSE,
            ANAMANGAD VILLAGE PO, PERINTHALMANNA TALUK,
            MALAPPURAM DISTRICT., PIN - 679357

            BY ADVS.P.SAMSUDIN
            LIRA A.B., NASRIN WAHAB
            DEVIKA E.D.



RESPONDENT/PETITIONER:

            THE SECRETARY, ANAMANGAD SERVICE CO-OPERATIVE BANK
            LTDANAMANGAD PO, PERINTHALMANNA TALUK, MALAPPURAM
            DISTRICT., PIN - 679357


     THIS     OP   (CIVIL)    HAVING   COME   UP    FOR    ADMISSION   ON
28.06.2024,    THE    COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C).No.1293/2024

                               -:2:-

                          JUDGMENT

The petitioner is the judgment debtor and the respondent is

the decree holder. Execution Petition No.250/2022 has been

filed to execute an arbitration award. The execution petition is

still pending. In the meanwhile, the petitioner has approached

this Court to permit him to pay the amount in equal monthly

instalments.

When the original petition came up for admission, to show

the bona fides of the petitioner, this Court directed the petitioner

to remit ₹30,000/- towards the decree debt within ten days and

the original petition has been adjourned to today. Today, when

the matter is taken up, the learned counsel for the petitioner

submits that the order has not been complied with. Hence, the

prayer sought for in the original petition cannot be granted.

Accordingly, the original petition is dismissed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp

APPENDIX OF OP(C) 1293/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF PETITION IN EP 250/2022 OF THE FILES OF MUNSIFF COURT PERINTHALMANNA DATED 30-09-2022.

Exhibit P2 TRUE COPY OF THE COUNTER FILED BY THE PETITIONER HEREIN IN EP 250/2022 OF THE FILES OF MUNSIFF COURT PERINTHALMANNA DATED 24-07-2023.