Kerala High Court
Siyad vs Vidhyarthi Dayani Sabha on 28 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
OP(C) NO. 2512 OF 2022
EP NO.672 OF 2020 OF MUNSIFF COURT, KODUNGALLUR
PETITIONER/JUDGMENT DEBTORS:
1 SIYAD
AGED 43 YEARS
S/O ABDUL RAZAK PETTIKKATTIL HOUSE,
AZHIKODE P.O KODUNGALLUR, THRISSUR DIST,
PIN - 680666
2 SHAMEERA
AGED 38 YEARS
W/O SIYAD PETTIKKATTIL HOUSE,
AZHIKODE P.O KODUNGALLUR, THRISSUR DIST,
PIN - 680666
BY ADV P.K.MOHAMED JAMEEL
RESPONDENT/DECREE HOLDERS:
1 VIDHYARTHI DAYANI SABHA
REPRESENTED BY ITS PRESIDENT, DHARMA RAJAN,
AGED 75 YEARS S/O POYATHARA KESAVAN,
PALIYAMTHURUTHU, METHALA P.O,
KODUNGALLUR TALUK, THRISSUR DISTRICT,
PIN - 680664
2 BABU
SECRETARY, AGED 63 YEARS S/O NYSSERY BAHULEYAN
VIDHYARTHI DAYANI SABHA,PALIYAMTHURUTHU,
METHALA P.O, KODUNGALLUR TALUK,
THRISSUR DISTRICT, PIN - 680664
OP(C) NO. 2512 OF 2022
- : 2 :-
3 DINAMANI
TREASURER, AGED 56 YEARS S/O OTTARATTU
MAMIVIDHYARTHI DAYANI SABHA,PALIYAMTHURUTHU,
METHALA P.O, KODUNGALLUR TALUK,
THRISSUR DISTRICT, PIN - 680664
BY ADV V.M.KRISHNAKUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 2512 OF 2022
- : 3 :-
JUDGMENT
The original petitioners are the judgment debtors and the
respondents are the decree holders. The execution petition has been
filed to execute a money decree. It is submitted that the decree
amount with interest would come to Rs.2,95,000/-, out of which the
petitioners have already remitted Rs.40,000/-, as per the direction of
this Court.
2. The learned counsel for the petitioners submits that the
petitioners are prepared to clear off the entire due if they are given 8
instalments.
3. Having heard the learned counsel for the petitioners as
well as the learned counsel for the respondents, this original petition
is disposed of as follows:-
The petitioners shall clear off the entire amount along with
interest, in six equal monthly instalments commencing from
01.07.2024 onwards. The subsequent instalments shall be paid
by the petitioners on 5th day of every succeeding month. In
case of default on the part of the petitioners in payment of any
of the instalments, the aforesaid facility shall stand cancelled,
OP(C) NO. 2512 OF 2022
- : 4 :-
upon which the respondents will be at liberty to proceed with
the Execution Petition. Subject to the above direction, further
proceedings regarding the sale of the property shall be kept in
abeyance.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
OP(C) NO. 2512 OF 2022
- : 5 :-
APPENDIX OF OP(C) 2512/2022
petitioner exhibits
EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT DATED
04.02.2020 IN O.S NO. 1232/2018 OF
MUNSIFF COURT, KODUNGALLUR
EXHIBIT P2 THE TRUE COPY OF THE DECREE DATED
04.02.2020 IN O.S NO. 1232/2018 OF
MUNSIFF COURT, KODUNGALLUR
EXHIBIT P3 THE TRUE COPY OF THE EXECUTION PETITION
NUMBERED AS E.P NO. 672/2020 IN O.S
NO.1232/2018 OF MUNSIFF COURT,
KODUNGALLUR
EXHIBIT P4 THE TRUE COPY OF THE COUNTER IN E.P
NO.672/2020 IN O.S NO.1232/2018 OF
MUNSIFF COURT, KODUNGALLUR
EXHIBIT P5 THE TRUE COPY OF THE NOTICE OF SALE
DATED 10.11.2022 IN E.P NO. 672/2020 IN
O.S NO. 1232/2018 OF MUNSIFF COURT,
KODUNGALLUR
