Kerala High Court
Akhil Venu vs Diocese Of Kothamangalam on 1 November, 2024
O.P.(C) Nos.2421 & 2418 of 2024 1
2024:KER:81323
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
OP(C) NO. 2421 OF 2024
EP 64/2024 IN OS NO.367 OF 2023 OF MUNSIFF
COURT,MUVATTUPUZHA
PETITIONER/JUDGMENT DEBTOR:
SINJU P.S, AGED 35 YEARS
W/O. AKHIL VENU, VATTAMTHATTAYIL HOUSE,
MUVATTUPUZHA P.O., RAMAMANGALA KARA, MARADY
VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.,
PIN - 686661
BY ADVS.K.R.VINOD
M.S.LETHA, JIJO M.P.
LOVEWIN VINU
RESPONDENT:
DIOCESE OF KOTHAMANGALAM
HAVING ITS HEADQUARTERS AT BISHOP'S HOUSE,
KOTHAMANGALAM, REPRESENTED BY BISHOP MAR GEORGE
MADATHIKANDATHIL, BISHOP'S
HOUSE, KOTHAMANGALAM KARA, KOTHAMANGALAM VILLAGE,
ERNAKULAM DISTRICT,, PIN - 686691
BY ADVS. MATHEW JOHN
ABY J AUGUSTINE(K/000302/2018)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
01.11.2024, ALONG WITH OP(C).2418/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.2421 & 2418 of 2024 2
2024:KER:81323
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
OP(C) NO. 2418 OF 2024
EP 63/2024 IN OS NO.366 OF 2023 OF MUNSIFF
COURT,MUVATTUPUZHA
PETITIONER/JUDGMENT DEBTOR:
AKHIL VENU,AGED 36 YEARS
S/O. V.K. VENU, VATTAMTHATTAYIL HOUSE,
MUVATTUPUZHA P.O., RAMAMANGALA KARA, MARADY
VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT,,
PIN - 686661
BY ADVS.K.R.VINOD
M.S.LETHA, LOVEWIN VINU
ANUROS MARTIN
RESPONDENT:
DIOCESE OF KOTHAMANGALAM
HAVING ITS HEADQUARTERS AT BISHOP'S HOUSE,
KOTHAMANGALAM, REPRESENTED BY BISHOP MAR GEORGE
MADATHIKANDATHIL, BISHOP'S
HOUSE, KOTHAMANGALAM KARA, KOTHAMANGALAM VILLAGE,
ERNAKULAM DISTRICT,, PIN - 686691
BY ADVS. MATHEW JOHN
ABY J AUGUSTINE(K/000302/2018)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
01.11.2024, ALONG WITH OP(C).2421/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.2421 & 2418 of 2024 3
2024:KER:81323
VIJU ABRAHAM, J.
.................................................................
O.P.(C) Nos.2421 & 2418 of 2024
.................................................................
Dated this the 1st day of November, 2024
JUDGMENT
These two original petitions are filed challenging the
proposed delivery on a contention that the objections filed by the
petitioners were not properly considered by the execution court.
2. When the matter was taken up for consideration the
learned counsel for the petitioners submits that at least a month's
time may be granted to vacate the premises and the petitioners are
ready to pay the arrears of rent also. Learned counsel for the
respondent would submit that the one month's time sought for cannot
be accepted at all.
Therefore, the original petitions are disposed of as follows:
(i) The petitioners shall pay arrears of rent as on
date within a period of one week from today.
(ii) The petitioners are granted three weeks time
from today to vacate the premises and the petitioners shall
unconditionally surrender the premises after the said period.
(iii) The petitioners shall file affidavit before the
2024:KER:81323
execution court within a period of three days from the date of receipt
of a copy of the judgment agreeing to pay the amount as directed
above and also to surrender the building unconditionally after the
three weeks period in direction no.(ii).
(iv) In case of failure to comply with the directions above, the
respondent will be free to proceed with the execution petition.
Sd/-
VIJU ABRAHAM
JUDGE
cks
2024:KER:81323
APPENDIX OF OP(C) 2418/2024
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE EXECUTION PETITION,
Exhibit P2 THE COPY OF THE COMPROMISE DECREE
ALONG WITH TERMS OF COMPROMISE
Exhibit P3 THE E-COURT PROCEEDINGS OF THE
EXHIBIT P1 EXECUTION PETITION DATED
17.10.2024 OF MUNSIFFS COURT,
MUVATTUPUZHA
2024:KER:81323
APPENDIX OF OP(C) 2421/2024
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE EXECUTION PETITION,
Exhibit P2 THE COPY OF THE COMPROMISE DECREE
ALONG WITH TERMS OF COMPROMISE
Exhibit P3 THE E-COURT PROCEEDINGS OF THE
EXHIBIT P1 EXECUTION PETITION DATED
17.10.2024 OF MUNSIFFS COURT,
MUVATTUPUZHA
