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High Court of KeralaOP(C)/778/2015disposed of

Mohanan M.B v. Co-Operative Housing Society

2015-05-27Honourable Mr. Justice B.Kemal Pasha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 OP(C).No. 778 of 2015 () ------------------------- AGAINST THE ORDER/JUDGMENT IN EP 179/2014 of SUB COURT, SULTHAN BATHERY PETITIONER(S):

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1. MOHANAN M.B AGED 52 YEARS MUNDAPPURATHU HOUSE, CHEERAL VILLAGE, THAZHATHOOR PO SULTHAN BATHERY TALUK, WYNAD DISTRICT, PIN 673595

2. SALINI MOHANAN W/O.MOHANAN, MUNDAPPURATHU HOUSE, CHEERAL VILLAGE THAZHATHOOR PO, SULTHAN BATHERY TALUK, WYNAD DISTRICT PIN 673595 BY ADVS.SRI.N.SUKUMARAN (SR.) SRI.S.SHYAM SRI.N.K.KARNIS SRI.SAJI VARGHESE KAKKATTUMATTATHIL RESPONDENT(S):

------------------------- CO-OPERATIVE HOUSING SOCIETY SULTHAN BATHERY, REPRESENTED BY ITS SECRETARY SULTHAN BETHERY, PO, WAYANAD DISTRICT PIN 673592 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 27-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 778 of 2015 () ------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:TRUE COPY OF THE EXECUTION PETITION FILED BY THE RESPONDENT BEFORE THE SUB COURT, SULTHANBATHERY DATED 31.07.2014 P2:TRUE COPY OF THE SALE PROLAMATION ISSUED BY THE SUB COURT, SULTHAN BATHERY DATED 06.03.2015 P3:TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE KERLA FARMERS' DEBT RELIEF COMMISSION DATED 27.11.2012 RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- // True Copy // PA to Judge

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(C) No.778 of 2015 ````````````````````````````````````````````````````````````` Dated this the 27th day of May, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ Heard learned counsel for the petitioners and learned counsel for the respondent.

2.

It seems that an amount of ₹50,000/- has already been paid towards the decree debt. The petitioners are allowed to discharge the balance decree debt by making monthly payments of ₹30,000/- each starting from 26.06.2015 onwards. Till then, the execution proceedings shall stand stayed. In case of default of any of the instalments, the property could be put to sale. OP(Civil) is disposed of accordingly.

Sd/- (B.KEMAL PASHA, JUDGE) aks/27/05 // True Copy // PA to Judge