Mini Shaji vs Gladis Mendez
2024 Latest Caselaw 26001 Ker

Kerala High Court

Mini Shaji vs Gladis Mendez on 30 September, 2024

                                                      2024:KER:72615

              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. 1882 OF 2024

        AGAINST THE ORDER/JUDGMENT DATED IN EP NO.13 OF 2021 OF

                 PRINCIPAL MUNSIFF COURT, ERNAKULAM

PETITIONER:

          MINI SHAJI
          AGED 42 YEARS
          W/O SHAJAN, NERIYAMKOTTU HOUSE, SOUTH CHITTOOR, WINNERS
          ROAD, KOCHI, PIN - 682027

          BY ADVS.
          T.P.SANTHOSH KUMAR
          C.H.ABDUL RASAC



RESPONDENT:

          GLADIS MENDEZ
          AGED 53 YEARS
          W/O BASTIN MENDEZ, RESIDING AT KALLACHAMMURI HOUSE,
          AMBEDKAR ROAD, SOUTH CHITTOOR, KOCHI, PIN - 682027

          BY ADVS.
          K.R.VINOD
          M.S.LETHA(K/139/1996)



     THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 30.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) No. 1882 of 2024                  :2:




                                                                 2024:KER:72615


                          VIJU ABRAHAM , J.
              ===========================
                       OP(C) No. 1882 of 2024
              ============================
             Dated this the 30th day of September, 2024

                               JUDGMENT

The only relief sought for by the petitioner is to permit her to repay

the amount in instalments.

2. The learned Counsel for the respondent would submit that an

interim order was granted on condition, and the said condition itself was

not complied with. The respondent submits that she will not stand in the

way of granting instalments if the petitioner makes a substantial payment

as first instalment.

Therefore, the original petition is disposed of as follows:-

Petitioner shall make a deposit of Rs.50,000/- (Rupees Fifty Thousand only)

within a period of one week before the execution Court. The balance

amount due shall be paid in ten equal monthly instalments starting from

November 2024. The instalments shall be paid on or before 15 th of each

month. If any of the instalments is defaulted, respondent will be free to

proceed with the execution proceedings.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

2024:KER:72615

APPENDIX OF OP(C) 1882/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 28.06.2019 IN O.S.NO.1466/2016 OF THE MUNSIFF COURT, ERNAKULAM

Exhibit P2 TRUE COPY OF THE AUCTION SALE NOTICE DATED 30.07.2024 IN E.P.NO.13/2021 ON THE FILES OF THE HON'BLE MUNSIFF COURT, ERNAKULAM.