K J John vs Jaison Paulson
2024 Latest Caselaw 13505 Ker

Kerala High Court

K J John vs Jaison Paulson on 24 May, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
       THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946


                      OP(C) NO. 1078 OF 2024
  AGAINST THE ORDER/JUDGMENT IN EA 24/2024 IN EP NO.73 OF
     2019 OF ASSISTANT SESSIONS COURT/I ADDITIONAL SUB
                             COURT,ERNAKULAM


PETITIONER/DECREE HOLDER:

            K J JOHN
            AGED 79 YEARS
            35/88, KOLAARA VILLA, PUTHENPURAKKAL ROAD,
            PALARIVATTOM P.O., KOCHI, PIN - 682025
            BY ADVS.
            BASIL MATHEW
            NINAN JOHN
            SANJANA SARA VARGHESE ANNIE
            AJAY KRISHNAN S.
            ARYA A.R.


RESPONDENT/JUDGMENT DEBTOR:

            JAISON PAULSON
            AGED 48 YEARS
            PROPRIETOR, JAISON'S FITNESS FIRST, NOW RESIDING
            PORUTHUKKARAN HOUSE, PALAKKAPARAMBU, KALLLUR
            DESOM AND POST, 7, TRIKKUR VILLIAGE, MUKUNDAPURAM
            TALUK, THRISSUR DISTRICT., PIN - 680317



     THIS     OP   (CIVIL)    HAVING   COME    UP    FOR    ADMISSION   ON
24.05.2024,    THE    COURT    ON   THE    SAME     DAY    DELIVERED    THE
FOLLOWING:
                                2
OP(C) No. 1078 of 2024




           Dated this the 24th day of May, 2024

                         JUDGMENT

The petitioner is the plaintiff and the respondent is the

defendant in O.S. No.326/2013 on the files of the I Additional

Sub Court, Ernakulam (for short 'the trial court').

2. The suit was decreed as per Ext.P1 judgment. The

petitioner filed E.P. No.73/2019 for executing the decree in

O.S. No.326/2013 before the trial court. The respondent

filed O.P.(C) No.2468/2023 before this Court for an order

allowing him to pay the entire decree amount in instalments.

As per Ext.P2 order, the instalment facility was afforded to

the respondent on condition that he shall pay the entire

decree amount covered by Ext.P1 judgment, in 10 equal

monthly instalments. It was also made clear that in case of

default, the trial court shall revive and proceed with the

execution petition, in accordance with law. But, the

respondent did not comply with the order of this Court and

failed to pay the monthly installments. Hence, the petitioner

filed Ext.P4 application for reviving E.P. No.73/2019. The

grievance of the petitioner is that the trial court is not

disposing of Ext.P4.

3. Having heard the learned counsel for the petitioner,

this Original Petition is disposed of with a direction to the

trial court to advance Ext.P4 application and dispose the

same on merits, within a period of one week from the date

of receipt of a copy of this judgment.

Accordingly, this Original Petition is disposed of.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE BR

APPENDIX OF OP(C) 1078/2024

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE COMMON JUDGEMENT DATED 7.09.2018 IN O.S. NO. 326/2013 AND O.S.NO.293 OF 2014 ON THE FILE OF THE SUB COURT, ERNAKULAM Exhibit P2 THE TRUE COPY OF THE JUDGEMENT IN O. P. (C). NO. 2468/2023 DATED 12.12.2023 Exhibit P3 THE TRUE COPY OF THE ORDER DATED 05.01.2024 IN E.P. NO. 73/2019 BEFORE THE 1ST ADDITIONAL SUB COURT, ERNAKULAM Exhibit P4 THE TRUE COPY OF THE E.A NO. 24/2024 IN E.P. 73/2019 IN O.S. 326/2013, ALONG WITH CALCULATION STATEMENT FILED BEFORE THE 1ST ADDITIONAL SUB COURT, ERNAKULAM

RESPONDENT'S EXHIBITS: NIL