Kerala High Court
Abdul Khader vs Raphael.T.Joseph on 17 October, 2024
O.P.(C) No.1191 of 2024 1
2024:KER:77117
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
OP(C) NO. 1191 OF 2024
EP NO.35/2020 IN OS NO.44 OF 2015 OF ASSISTANT SESSIONS
COURT/SUB COURT/COMMERCIAL COURT, CHAVAKKAD
PETITIONER/1ST JUDGMENT DEBTOR/1ST DEFENDANT:
ABDUL KHADER, AGED 59 YEARS
S/O HASSAN HAJI, KANNATH HOUSE
VYLATHUR VILLAGE, VADAKKEKAD, THRISSUR, PIN - 679563
BY ADV L.RAJESH NARAYAN
RESPONDENTS/DECREE HOLDER/PLAINTIFFS/2ND JUDGMENT DEBTOR/2ND
DEFENDANT:
1 RAPHAEL.T.JOSEPH
S/O JOSEPH GEORGE, THEKKEKKARA (H) ERANELLOOR VILLAGE,
KECHERI, THALAPPILLY, THRISSUR, PIN - 680501
2 RENIL SHAJU
W/O ARAKKAL SHAJU JOSEPH, PAVARATTY P.O CHAVAKKAD,
THRISSUR, PIN - 680507
3 SHEMEERA
W/O. ABDUL KHADER KANNATH HOUSE VYLATHUR VILLAGE,
VADAKKEKAD, THRISSUR, PIN - 679563
BY ADVS.
DEEPU THANKAN
UMMUL FIDA(K/954/2013)
VINEETHA BOSE(K/001438/2023)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 17.10.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) No.1191 of 2024 2
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VIJU ABRAHAM, J.
.................................................................
O.P.(C) No.1191 of 2024
.................................................................
Dated this the 17th day of October, 2024
JUDGMENT
The petitioner has approached this Court when Ext.P8
proceedings were initiated in execution of the decree in O.S.No.44 of 2015
on the file of the Sub Court, Chavakkad.
2. When the matter came up for consideration on 06.06.2024 this
Court has granted an interim order against the sale of the property on
condition of depositing an amount of Rs.5,00,000/-, which has been duly
complied by the petitioner. The learned counsel for the petitioner submits
that some time may be granted to the petitioner to pay off the decree
amount in equal monthly instalments. To which the learned counsel for the
respondents/plaintiffs submits that they have no objection in granting
instalment facility with a rider that in case of a single default the
respondents will be entitled to proceed with the execution proceedings.
Taking into consideration the above facts and circumstances, the
original petition is disposed of as follows:
The petitioner shall deposit before the execution court the
balance amount due under the decree in 12 equal monthly instalments
starting from 1st November, 2024 and continue to pay the instalments on
the first day of the succeeding months. It is made clear that in case of a
2024:KER:77117
single default in payment of the instalments, the respondents will be free to
proceed with E.P.No.35 of 2020 in O.S.No.44 of 2015 on the file of the Sub
Court, Chavakkad. On deposit of each of the instalments the respondents
will be free to withdraw the same from the execution court.
Sd/-
VIJU ABRAHAM
JUDGE
cks
2024:KER:77117
APPENDIX OF OP(C) 1191/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 5.1.2017
IN OS NO.44/2015 ON THE FILES OF THE
HON'BLE SUB COURT, CHAVAKKAD
Exhibit P2 TRUE COPY OF THE DECREE DATED 5.1.2017
IN OS NO.44/2015 ON THE FILES OF THE
HON'BLE SUB COURT, CHAVAKKAD
Exhibit P3 TRUE COPY OF I.A NO.1/2022 DATED
20.10.2022 IN OS NO.44/2015 ON THE FILES
OF THE HON'BLE SUB COURT, CHAVAKKAD
Exhibit P4 TRUE COPY OF THE OBJECTION DATED
9.12.2022 TO I.A NO.1/2022 IN OS
NO.44/2015 ON THE FILES OF THE HON'BLE
SUB COURT, CHAVAKKAD
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED
30.10.2023 IN FAO NOS.120 & 121/2023
Exhibit P6 TRUE COPY OF THE EXECUTION PETITION AS
EP NO.35/2020 DATED 16.9.2020 IN OS
NO.44/2015 ON THE FILES OF THE HON'BLE
SUB COURT, CHAVAKKAD
Exhibit P7 TRUE COPY OF THE OBJECTION DATED
5.12.2023 TO EXT.P6 IN OS NO.44/2015 ON
THE FILES OF THE HON'BLE SUB COURT,
CHAVAKKAD
Exhibit P8 TRUE COPY OF THE RELEVANT PAGES OF THE
SALE NOTICE DATED NIL
Exhibit P9 TRUE COPY OF THE NOTICE DATED 29.5.2024
ISSUED BY THE ADVOCATE COMMISSIONER IN
E.P NO.35/2020 IN O.S NO.44/2015 ON THE
FILES OF THE HON'BLE SUB COURT,
CHAVAKKAD
