Kerala High Court
Sukumaran vs Jasmine Viji on 8 November, 2024
2024:KER:83499
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
OP(C) NO. 1872 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 31.07.2024 IN EP NO.12 OF
2021 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL
COURT,KATTAPPANA
PETITIONER:
SUKUMARAN
AGED 66 YEARS
S/O. ARUMANYAKAM , PUTHUVILA HOUSE, KATTAPPANA KARA,
KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT,
KATTAPPANA P.O., PIN - 685508
BY ADVS.
REJI GEORGE
NASEER MOIDU
ANUPAMA JOHNY
SAISANKAR.S
MOHAMED RAYYAN ALI
JOSEPH RAJU MATHEWS
RESPONDENT:
JASMINE VIJI
AGED 51 YEARS
W/O. DOMINIC SAVIO, POONTHOTTATHIL HOUSE, KATTAPPANA
KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI
DISTRICT, KATTAPPANA P.O., PIN - 685508
BY ADV GEORGE SEBASTIAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 08.11.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) No. 1872 of 2024 :2:
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VIJU ABRAHAM , J.
===========================
OP(C) No. 1872 of 2024
============================
Dated this the 8th day of November, 2024
JUDGMENT
On 29.08.2024 this Court passed an interim order staying the
delivery of the property on condition that the petitioner deposits an
amount of Rs.5,00,000/- within a period of two weeks. It is submitted
that the entire amout has now been deposited before the Execution
Court.
2. Both sides submit that they have entered into a
settlement, whereby the amount of Rs.3,00,000/- towards the
balance due will be deposited before the Execution Court on or
before 31.12.2024, and the balance amount along with the value of
the stamp papers will be deposited on or before 31.03.2025.
3. The said submission is recorded. In case of failure to
comply with the said direction, the respondent will be free to
proceed with the execution proceedings and delivery of the property
shall be executed. The learned Counsel for the petitioner submits
that they have no objection in releasing the amount now deposited
before the Execution Court and the further amount to be deposited
as undertaken now to the respondent. The Execution Court shall
2024:KER:83499
disburse the amount to the respondent on an application being
made in this regard.
The original petition is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2024:KER:83499
APPENDIX OF OP(C) 1872/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AGREEMENT FOR SALE DT.
17.08.2018 EXECUTED BETWEEN THE PETITIONER
AND THE RESPONDENT
Exhibit P2 A TRUE COPY OF THE DECREE DT.20.12.2019
PASSED BY THE SUB COURT AT KATTAPPANA IN
O.S.NO.32/2018, ALONG WITH THE MEDIATION
AGREEMENT DATED 26.08.2019 WHICH FORMS
PART OF THE DECREE
Exhibit P3 A TRUE COPY OF THE EXECUTION PETITION
DATED 14.07.2021 NUMBERED AS
E.P.NO.12/2021 IN O.S.NO.32/2018 FILED BY
THE RESPONDENT BEFORE THE SUB COURT AT
KATTAPPANA
Exhibit P4 A TRUE COPY OF THE PROCLAMATION OF SALE
DATED 20.06.2023 PUBLISHED IN
E.P.NO.12/2021 IN O.S.NO.32/2018 ON THE
FILE OF THE SUB COURT, KATTAPPANA
Exhibit P5 A TRUE COPY OF E.A.NO.82/2023 UNDER ORDER
21, RULE 69 OF CPC ON 24.08.2023 FOR THE
STOPPAGE OF SALE
Exhibit P6 A TRUE COPY OF ORDER DT. 05.10.2023 PASSED
BY THE SUB COURT, KATTAPPANA IN
E.A.NO.82/2023 IN E.P.NO.12/2021 IN
Exhibit P7 A TRUE COPY OF THE SALE CERTIFICATE DATED
08.04.2024 ISSUED BY THE SUB COURT,
KATTAPPANA TO THE RESPONDENT
Exhibit P8 A TRUE COPY OF THE ORDER DATED 31.07.2024
PASSED BY THE SUB COURT, KATTAPPANA IN
E.A.NO.125/2023 IN E.P.NO.12/2021 IN
Exhibit P9 A TRUE COPY OF THE ORDER DT. 08.08.2024
PASSED BY THE SUB COURT, KATTAPPANA IN
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E.A.NO.71/2024 IN E.P.NO.12/2021 IN
Annexure A1 A TRUE COPY OF MEMO FILED BEFORE THE
HON'BLE SUB COURT, KATTAPANA ON 18.09.2024
