Thomas Mathew v. Mulamootil Leasing And Finance

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937 OP(C).No. 1478 of 2015 (O) --------------------------- (E.P.NO.200/09 IN O.S.NO.144/06 OF SUB COURT, PATHANAMTHITTA) --------------------- PETITIONER:

----------------------- THOMAS MATHEW, S/O.ABRAHAM MATHEW, AGED 59 YEARS, RESIDING AT J.N.J.HOUSE, UTHIMOODU.P.O, RANNI TALUK, PATHANAMTHITTA.

BY ADVS.SRI.P.A.AZIZ SRI.I.G.MANOHARAN SRI.N.N.PANKAJAKSHAN RESPONDENT :

---------------------------- MALAMOOTTIL LEASING AND HIRE PURCHASE LTD., MALAMOOTTIL BUILDINGS, MARKET ROAD, KOZHENCHERRY, REPRESENTED BY MANAGING DIRECTOR, JACOB THOMAS, MALAMOOTTIL HOUSE, KOZHENCHERRY-689 641.

BY ADV. SRI.V.PHILIP MATHEW THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 02-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

OP(C).No. 1478 of 2015 (O) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1THE TRUE COPY OF THE DOCUMENT NO. 123/2007 OF SRO, RANNI. EXHIBIT P2TRUE COPY OF SALE PROCLAMATION DATED 31-03-2015. EXHIBIT P3TRUE COPY OF THE ACCEPTANCE OF OTS BY SBI, PATHANAMTHITTA. EXHIBIT P4TRUE COPY OF THE ORDER DATED 30-06-2007 IN O.S. 144/2006 BEFORE THE SUBORDINATE COURT, PATHANAMTHITTA. EXHIBIT P5COPY OF THE RECEIPT NO 47 DATED 25/06/2015 EXHIBIT P6COPY OF THE COMPLAINT DATED 24/06/2015 SUBMITTED TO CIRCLE OFFICE, RANNI EXHIBIT P7COPY OF THE RECEIPT NO.422/DP/RNY/15 FROM PS DATED 24/6/2015 EXHIBIT P8COPY OF THE COMPLAINT FILED BEFORE POLICE COMMISSIONER, PATHANAMTHITTA DATED 28/7/2015 EXHIBIT P9COPY OF THE COMPLAINT FEE RECEIPT NO.76 DATED 31/07/2015 RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ O.P.(C).No.1478/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd Day of September, 2015

J U D G M E N T

The petitioner challenging execution proceedings in E.P.No.200/09 in O.S.No.144/2006 on the file of the Sub Court, Pathanamthitta has approached this Court challenging Ext.P2 proclamation of sale ordered in execution. The petitioner seeks for a direction to permit him to dispose the property in private sale to raise necessary funds.

2.

This Court is of the view that such a plea of the petitioner cannot be acceded. The execution petition is filed to execute a compromise decree of the year 2007. I find no merit in the original petition. However, the sale shall be deferred for a period of six weeks to enable the petitioner to settle the liability. The original petition is disposed of as above. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms