Kerala High Court
Sathyadas S/O Kuttan Nadar vs P Joice on 30 September, 2024
2024:KER:72612
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
OP(C) NO. 1891 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN EP NO.23 OF 2024 OF II
ADDITIONAL MUNSIFF COURT ,NEYYATTINKARA
PETITIONERS:
1 SATHYADAS S/O KUTTAN NADAR
AGED 56 YEARS
CHERIYA PULLINKAGAL VEEDU THRIUPURATHOOR DESOM
THRIRUPURAM VILLAGE NEYYATINKARA TALUK, PIN - 695133
2 SHEELA W/O K. SATHYADAS
AGED 48 YEARS
CHERIYA PULLINKAGAL VEEDU THRIUPURATHOOR DESOM
THRIRUPURAM VILLAGE NEYYATINKARA TALUK, PIN - 695133
BY ADVS.
JOHN JOSEPH(ROY)
SABIR N.S.
RESPONDENTS:
1 P JOICE
AGED 95 YEARS
CHERIYA PULLINKAGAL VEEDU THRIUPURATHOOR DESOM
THRIRUPURAM VILLAGE NEYYATINKARA TALUK, PIN - 695133
2 THANKARAJAN S/O KUTTAN NADAR
T.S BAVAN THRIUPURATHOOR DESOM THRIRUPURAM VILLAGE
NEYYATINKARA, PIN - 695133
3 KRISHNANKUTTY S/O KUTTAN NADAR
CHERIYA PULLINKAGAL VEEDU THRIUPURATHOOR DESOM
OP(C) No. 1891 of 2024 :2:
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THRIRUPURAM VILLAGE NEYYATINKARA TALUK, PIN - 695133
BY ADVS.
R.HARIKRISHNAN (H-308)
G.SUDHEER(K/000467/1992)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) No. 1891 of 2024 :3:
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VIJU ABRAHAM , J.
===========================
OP(C) No. 1891 of 2024
============================
Dated this the 30th day of September, 2024
JUDGMENT
Petitioners have approached this Court challenging Ext.P6
warrant dated 22.05.2024 and Ext.P7 order dated 06.08.2024 in EP
No.23 of 2024 in OS No.841 of 2017 on the file of the 2 nd Additional
Munsiff Court, Neyyattinkara.
2. It is contended by the petitioners that OS No.841 of 2017
was decreed against them, and they have preferred an appeal as AS
No.34 of 2024 before the Sub Court, Neyyattinkara. While this appeal
is pending consideration if further proceedings in execution is initiated
the petitioners will be put to serious prejudice.
3. When the matter came up for consideration on 29.08.2024,
I have passed an interim order as prayed for, for a period of one
month, and also called for a report through the Registry regarding the
present status of AS No.34 of 2024, IA No.1 of 2024 seeking to
condone delay in filing the appeal, and also IA No.2 of 2024 seeking
stay of the judgment and decree. A report has been submitted,
wherein it is reported that the appeal has been filed with a delay of
320 days, and IA No.1 of 2024 is filed seeking condonation of the said
delay, and that pending consideration of the delay condonation
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application the petition seeking stay filed as IA No.2 of 2024 is not
considered.
4. The learned Counsel appearing for the respondents would
submit that objection has been filed to IA No. 1 of 2024, the petition
seeking condonation of delay.
5. Heard the learned Counsel for the petitioners and the
learned Counsel appearing for the respondents.
After hearing both sides, I am inclined to dispose of the original
petition as follows:-
The appellate Court shall take up IA No.1 of 2024 the petition seeking
to condone the delay in filing the appeal and pass appropriate orders
thereon within an outer limit of one month from the date of next
posting. Subject to the outcome of the decision to be taken in IA No.1
of 2024, the appellate Court shall also take up IA No.2 of 2024 seeking
stay of execution proceedings and pass appropriate orders thereon
within an outer limit of three weeks thereafter. Till a decision is taken
as directed above the interim order granted by this Court on
29.08.2024 will remain in force.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
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APPENDIX OF OP(C) 1891/2024
PETITIONER EXHIBITS
Exhibit p 1 TRUE COPY OF THE COMMON JUDGMENT IN OS NO
964 OF 2016 AND 841 OF 2017 DATED 27-07-
Exhibit P 2 TRUE COPY OF THE SAID EXHIBIT C-3 ( A )
PLAN
Exhibit P3 TRUE COPY OF THE COMMISSION REPORT DATED
28-09-2022 IN SUPPORT OF EXHIBIT P-2
Exhibit P 4 TRUE COPY OF THE EXECUTION PETITION NO 23
OF 2024 DATED 3/1/2014
Exhibit p 5 TRUE COPY OF THE PHOTOGRAPHS LIE AND NATURE
OF THE PROPERTY
Exhibit P6 TRUE COPY OF THE AMEEN WARRANT ISSUED FROM
THE COURT DATED 22-05-2024
Exhibit P 7 TRUE COPY OF THE INTERIM REPORT OF THE
AMEEN DATED 22-05-2024
Exhibit P8 TRUE COPY OF ANOTHER INTERIM REPORT OF THE
AMEEN DATED 05-08-2024
Exhibit 9 CERTIFIED COPY OF THE ORDER DATED 06-08-
2024 IS NOT ISSUED TO THE PETITIONERS, A
COPY OF THE ORDER OBTAINED IN WRITING IS
PRODUCED FOR READY RECORDS OF THIS HON 'BLE
COURT
