Kerala High Court
Suresh Kumara Swami vs Kerala State Electricity Board on 14 November, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
2024:KER:85183
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA,
1946
EX.FA NO. 11 OF 2008
AGAINST THE COMMON ORDER DATED 20.11.2007 IN E.A.NO.1499 OF
2004 IN E.P.NO.237 OF 1997 IN OS NO.285 OF 1981 OF I
ADDITIONAL SUB COURT, THIRUVANANTHAPURAM
APPELLANTS/APPLICANTS/CLAIM PETITIONERS:
1 SURESH KUMARA SWAMI
AGED 40 YEARS
S/O. C.KUMARA SWAMI, ENGINEER, WORKING ABROAD AND,
HAVING PERMANENT ADDRESS AT SAHAANA, NEAR N.S.S.,
SCHOOL, PALKULANGARA, THIRUVANANTHAPURAM.
2 GOPIKA SURESH (MINOR), AGED 7 YEARS
D/O. SURESH KUMARA SWAMI,
'SAHAANA', NEAR N.S.S., SCHOOL, PALKULANGARA,
THIRUVANANTHAPURAM.
REPRESENTED BY HER FATHER SURESH KUMARA SWAMI.
BY ADVS.
SMT.V.DEEPA
SMT.GEETHA P.MENON
SRI.K.JAYAKUMAR
SRI.R.SURAJ KUMAR
2024:KER:85183
Ex.F.A.Nos.11 and 12 of 2008
-: 2 :-
RESPONDENTS/PETITIONERS/DECREE HOLDER:
1 KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, VYDHYUTHI
BHAVAN,, PATTOM, THIRUVANANTHAPURAM.
2 THE CHIEF ENGINEER CIVIL
K.S.E.B. POWER HOUSE ROAD, THIRUVANANTHAPURAM.
3 C. INDIRA, W/O.LATE GOPINATHAN
RESIDING AT TC.20/1657, KALPANA, KARAMANA,,
KUNJALUMOOD, KARAMANA P.O.,
THIRUVANANTHAPURAM.
4 KALPANA GOPINATH, D/O.LATE GOPINATHAN
RESIDING AT TC.20/1657, KALPANA, KARAMANA,,
KUNJALUMOOD, KARAMANA P.O.,
THIRUVANANTHAPURAM.
5 MANJU GOPINATH, D/O. LATE GOPINATH
RESIDING AT TC.20/1657, KALPANA, KARAMANA,,
KUNJALUMOOD, KARAMANA P.O.,THIRUVANANTHAPURAM.
6 VINOD, S/O. LATE GOPINATHAN
RESIDING AT TC.20/1657, KALPANA, KARAMANA,,
KUNJALUMOOD, KARAMANA P.O.,
THIRUVANANTHAPURAM.
2024:KER:85183
Ex.F.A.Nos.11 and 12 of 2008
-: 3 :-
BY ADVS.
SRI.M.R.ANANDAKUTTAN
SRI.HARISH R. MENON
SRI.MAHESH ANANDAKUTTAN
SMT.N.K.MAYA
SRI.M.HARISHARMA
SMT.M.HEMALATHA
SRI.P.SANTHALINGAM SR.
THIS EXECUTION FIRST APPEAL HAVING COME UP FOR HEARING
ON 14.11.2024, ALONG WITH Ex.FA.12/2008, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85183
Ex.F.A.Nos.11 and 12 of 2008
-: 4 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA,
1946
EX.FA NO. 12 OF 2008
AGAINST THE COMMON ORDER DATED 20.11.2007 IN
E.A.NO.1500 OF 2004 IN E.P.NO.236 OF 1997 IN OS NO.286
OF 1981 OF I ADDITIONAL SUB COURT, THIRUVANANTHAPURAM
APPELLANTS/APPLICANTS/CLAIM PETITIONERS:
1 SURESH KUMARA SWAMI
ENGINEER, WOKING ABROAD AND HAVING PERMANENT,
ADDRESS AT 'SAHAANA', NEAR N.S.S.SCHOOL,,
PALKULANGARA, THIRUVANANTHAPURAM.
2 GOPIKA SURESH (MINOR), AGED 7 YEARS
D/O. SURESH KUMARA SWAMI
'SAHAANA', NEAR N.S.S.SCHOOL,, PALKULANGARA,
THIRUVANANTHAPURAM.,
REPRESENTED BY HER FATHER, SURESH KUMARA
SWAMI.
2024:KER:85183
Ex.F.A.Nos.11 and 12 of 2008
-: 5 :-
BY ADVS.
SMT.V.DEEPA
SMT.GEETHA P.MENON
SRI.K.JAYAKUMAR
SRI.P.B.KRISHNAN
SRI.R.SURAJ KUMAR
RESPONDENTS/PETITIONERS/DECREE HOLDER:
1 KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, VYDHYUTHI
BHAVAN,, PATTOM, THIRUVANANTHAPURAM.
2 THE CHIEF ENGINEER CIVIL
K.S.E.B. POWER HOUSE ROAD, THIRUVANANTHAPURAM.
3 C. INDIRA, W/O. LATE GOPINATHAN
RESIDING AT T.C.20/1657, KALPANA, KARAMANA,,
KUNJALUMOOD, KARAMANA P.O.,THIRUVANANTHAPURAM.
4 KALPANA GOPINATH, D/O.LATE GOPINATHAN
RESIDING AT T.C.20/1657, KALPANA, KARAMANA,,
KUNJALUMOOD, KARAMANA P.O.,THIRUVANANTHAPURAM.
5 MANJU GOPINATHA, D/O. LATE GOPINATHAN
RESIDING AT T.C.20/1657, KALPANA, KARAMANA,,
KUNJALUMOOD, KARAMANA P.O.,
THIRUVANANTHAPURAM.
2024:KER:85183
Ex.F.A.Nos.11 and 12 of 2008
-: 6 :-
6 VINOD, S/O. LATE GOPINATHAN
RESIDING AT T.C.20/1657, KALPANA, KARAMANA,,
KUNJALUMOOD, KARAMANA P.O.,THIRUVANANTHAPURAM.
BY ADVS.
SRI.M.R.ANANDAKUTTAN
SRI.HARISH R. MENON
SMT.M.HEMALATHA
SRI.MAHESH ANANDAKUTTAN
SMT.N.K.MAYA
THIS EXECUTION FIRST APPEAL HAVING COME UP FOR HEARING
ON 14.11.2024, ALONG WITH Ex.FA.11/2008, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85183
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = =
Ex.F.A.Nos.11 and 12 of 2008
= = = = = = = = = = = = = = = = = =
Dated this the 14th day of November, 2024
JUDGMENT
Read orders dated 24.10.2024 and 08.11.2024.
2. It is reported that the disputes have been
settled between the parties amicably.
3. Pursuant to the terms of the settlement arrived
at between the parties, an amount of Rs.3,74,20,000/-
has been deposited by the appellants with the 1 st
respondent Board. The 1st respondent Board has accepted
the same in full satisfaction of the liabilities of the
appellants with the Board. A joint statement dated
13.11.2024 has been filed in the said regard.
4. The joint statement is accepted and the
execution proceeding is disposed of in terms thereof.
The joint statement dated 13.11.2024 will form part of
the judgment.
2024:KER:85183
5. The orders of attachment in E.P.Nos.236 and
237 of 1997 of the 1st Additional Sub Court,
Thiruvananthapuram will stand withdrawn.
The Execution First Appeals are disposed of as
above.
Sd/-
SATHISH NINAN
JUDGE
yd
2024:KER:85183
2024:KER:85183
2024:KER:85183
2024:KER:85183
