Kali vs The Secretary
2024 Latest Caselaw 29907 Ker

Kerala High Court

Kali vs The Secretary on 22 October, 2024

                                                              2024:KER:78522
O.P.(C). No.2564 of 2018           :1:



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
                           OP(C) NO. 2564 OF 2018
        IN EP NO.29/2018 IN ARC NO.721 OF 2004 OF ASSISTANT
SESSIONS COURT/SUB COURT/COMMERCIAL COURT, TIRUR

PETITIONER/1ST RESPONDENT:

               KALI
               AGED 56 YEARS
               W/O KOTHA, ULLATTODIYIL HOUSE, CHAMRAVATTOM,TIRUR
               TALUK,MALAPPURAM DISTRICT.


               BY ADV C.M.MOHAMMED IQUABAL

RESPONDENT/PETITIONER:

               THE SECRETARY
               PARAPPANANGADI REGIONAL HOUSING CO OPERATIVE
               SOCIETY LIMITED,PARAPPANANGADI, MALAPPURAM
               DISTRICT, PIN 676303.


               BY ADVS.
               SRI.T.R.HARIKUMAR
               SRI.ARJUN RAGHAVAN


       THIS      OP    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION    ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                          2024:KER:78522
O.P.(C). No.2564 of 2018        :2:



                           VIJU ABRAHAM, J.
           --   -- -- -- -- -- -- -- -- -- -- -- --
                        O.P.(C) No.2564 of 2018
           --   -- -- -- -- -- -- -- -- -- -- -- --
                 Dated this the 22nd day of October 2024

                              JUDGMENT

The above original petition is filed seeking the following

reliefs:

a) Call for the records leading up to E.P.29/2018 in ARC

721/2004 of the Sub Court, Tirur and stay all further

proceedings in the execution petition

b) Issue a direction to the Subordinate Judge of Tirur to

receive the decree amount in EP No.29/2018 in ARC

721/2004 on its file in installments.

2. When the matter was taken up for consideration, the

learned counsel for the petitioner submits that she is prepared to

satisfy the amount due as per the award, if she is permitted to pay

the same in instalments, to which the learned counsel appearing

for the respondent had no objection, but submitted that the same

shall be with a rider that if the petitioner makes default in payment

of any of the instalments, the respondent will be free to continue 2024:KER:78522

with the execution proceedings.

3. In view of the above facts and circumstances, the original

petition is disposed of as follows:

1. The amount due under the award shall be paid by the

petitioner in 12 equal monthly instalments commencing from

01.11.2024 and shall continue to pay the subsequent

instalments on the 1st day of succeeding months.

2. If the petitioner continues to pay the amount as directed

above, all further proceedings in E.P.29/2018 in ARC

No.721/2004 of Sub-Court, Tirur, shall be kept in abeyance.

3. In the event of any single default in payment as directed

above, the respondent shall be free to continue with the

proceedings in the EP.

Sd/-

VIJU ABRAHAM JUDGE sm/ 2024:KER:78522

APPENDIX OF OP(C) 2564/2018

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT IN OP(C)NO.1195/2017 OF THIS HON'BLE COURT DATED 2.8.2017.

EXHIBIT P2 THE TRUE COPY OF THE E.P.NO.29/2018 IN A.R.C.NO.721/2014 OF THE SUB COURT, TIRUR DATED 21.5.2018.

EXHIBIT P3 THE TRUE COPY OF THE COUNTER E.P.29/2018 OF THE SUB COURT, TIRUR DATED 18.7.2018.

EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER, TRIPRANGODE DATED 27.9.2018.

EXHIBIT P5 THE TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE TAHSILDAR, TIRUR DATED 18.12.2002.