High Court of KeralaOP(C)/1220/2015disposed of

Sarada v. Vypin Kuries And Finance Cherai

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. 1220 of 2015 (O) ---------------------------------------- E.A.NO.244/2015 IN E.P.NO.98/2014 IN O.S.NO.98/2010 OF ADDITIONAL SUB JUDGE, NORTH PARAVUR.

------------------ PETITIONER(S) :

-------------------------

1. SARADA, W/O.SIVAN, KARADIPARAMBIL HOUSE, THATHAPPILLY KARA, KOTTUVALLY VILLAGE, PARAVUR TALUK.

2. RAJESH, S/O.GOPALAN, DEVASWOMPARAMBIL HOUSE, THEVARKAD KARA, VARAPPUZHA, PARAVUR TALUK.

BY ADV. SMT.JEENA JOSEPH RESPONDENT(S) :

---------------------------- VYPIN KURIES AND FINANCE CHERAI, PALLIPPURAM VILLAGE, REP. BY ITS MANAGING PARTNER VARGHESE, S/O.OUSEPH, KUZHUPPILLY HOUSE, KEDAMANGALAM KARA, PARAVUR VILLAGE, PIN- 683 513.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd.

OP(C).No. 1220 of 2015 (O) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

A TRUE PHOTOCOPY OF THE AWARD DATED 11-08-2012 IN O.S NO.98/2010 OF THE SUB COURT, N.PARAVUR.

EXHIBIT P2:

A TRUE PHOTOCOPY OF THE E.P NO.98/2014 FILED BY THE RESPONDENT/DECREE HOLDER.

EXHIBIT P3: A TRUE PHOTOCOPY OF THE E.A .NO.244/2015 FILED BY THE PETITIONERS.

EXHIBIT P4:

A TRUE PHOTOCOPY OF THE ODER IN E.A NO.244/2015 IN E.P NO.98/2014 IN O.S NO.98/2010 OF THE HON'BLE ADDL. SUB JUDGE, NORTH PARAVUR, DATED 23-03-2015.

EXHIBIT P5:

A TRUE PHOTOCOPY OF THE MEMO FILED BY THE PETITIONERS. EXHIBIT P6:

A TRUE PHOTOCOPY OF THE STATEMENT FILED BY THE RESPONDENT.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(C) No.1220 of 2015 ````````````````````````````````````````````````````````````` Dated this the 27th day of May, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ Learned counsel for the petitioners undertakes that the entire balance decree debt shall be discharged within a period of two months from today. The said request is only to be allowed. The petitioners are granted two months' time to discharge the entire decree debt. The sale in execution proceedings will stand stayed for two months from today. In case of default, the sale should be conducted immediately on the expiry of two months from today .

OP(Civil) is disposed of as above.

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