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High Court of KeralaOP(C)/1329/2015disposed of

K.T.Bharathan v. M.P.Suresh Babu

2015-07-10Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937 OP(C).No. 1329 of 2015 (O) --------------------------- (E.P.NO.486/2013 IN O.S.NO.828/2010 OF 1ST ADDITIONAL SUB COURT, KOZHIKODE) ----------------------- PETITIONER :

----------------------- K.T. BHARATHAN, AGED 68 YEARS,S/O. VALACHI, RESIDING AT NADUKANDI PARAMBA, GANDHI ROAD, KOZHIKODE.

BY ADVS.SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT :

-------------------------- M.P. SURESH BABU,S/O.KANDU VYDIAR, MANNUPOYIL HOUSE, KUNNAMANGALAM, KOZHIKODE-673 018 BY ADVS. SRI.R.SUDHISH SMT.M.MANJU THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 10-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

OP(C).No. 1329 of 2015 (O) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER

IN THE E.P

EXHIBIT P2:

TRUE COPY OF THE ORDER DATED 11.3.2015 RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.S.TO JUDGE sts

B. KEMAL PASHA, J.

................................................................ O.P.(C) No.1329 of 2015 ............................................................... Dated this the 10th day of July, 2015

J U D G M E N T

Heard the learned counsel for the petitioner and the learned counsel for the respondent.

2.

A warrant has been issued by the court below for the arrest and detention of the judgement debtor in execution of the decree. It seems that an amount of ₹50,000/-, as ordered by this Court, has been paid and the balance amount comes to around three lakhs.

3.

On hearing either side, and on a perusal of Ext.P2 order, this Court is satisfied that Ext.P2 order is not liable to be interfered with. It does not suffer from any illegality, irregularity or jurisdictional error. It has come out

O.P.(C) 1329 of 2015 -: 2 :- that the judgement debtor is evading payment deliberately. 4.

On hearing either side and on considering the facts and circumstances of this case, this Court is of the view that an opportunity can be granted to petitioner to pay of the balance decree debt in 10 equal monthly instalments commencing from 24.07.2015. The petitioner shall file a statement of accounts before the court below showing the balance amount to be paid, within a period of two weeks from today, with copy to the learned counsel for the judgement debtor before the court below. In case of default of any of the instalments, warrant would revive and the same can be executed as against the petitioner. The Original Petition is disposed of as above. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge