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C.G.Thampi, vs Jyothis

C.G.Thampi, vs Jyothis

Type Court Judgment Court Kerala Decided May 24, 2022
~3 min read
https://sooperkanoon.com/case/1439537

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
OP(C)/855/2022

Parties & Advocates

Appellant / Petitioner

C.G.Thampi,

Respondent

Jyothis

Excerpt

.....court, kochi is pending seeking relief of fixation of boundary. he also submitted that another suit viz., o.s.no.108 of 2018 of the principal munsiff's court, kochi also is pending between the parties for partition of the plaint schedule property.4. according to the learned counsel for thepetitioner, if the decree in o.s.no.71 of 2014 is executed, the same would prejudice the rights of the petitioner and therefore, the execution of the decree in o.s.no.71 of 2014 is liable to be stayed. no other valid grounds pointed out to substantiate the prayer sought for.5. on perusal of the records, decree forspecific performance of contract as canvassed in o.s.no.71 of 2014 was passed as on 07.04.2015. after one year, the decree holder filed e.p.no.27 of 2016 to execute the decree. it appears that pendency of other ..5.. suits is not a ground to stay execution of a valid decree passed otherwise. thus, prima facie, it appears that the prayer in this original petition is not liable to be granted. in view of the matter, this original petition deserves no merit and accordingly, the same is dismissed. sd/- a.badharudeen, judge rkj ..6.. appendix of op(c) 855/2022 petitioner exhibits exhibit p1 copy of os 356/2013 pending before the hon'ble munsiff court of kochi. exhibit p2 copy of e.p no. 27/2016 in os 71/2014 pending before the hon'ble munsiff court of kochi. exhibit p3 copy of os 108/2018 filed by the petitioner before the hon'ble munsiff court of kochi. exhibit p4 copy of op(c) 1927/2021 filed by the petitioner before the hon'ble high court of kerala without exhibit.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 24TH DAY OF MAY 2022 / 3RD JYAISHTA, 1944 OP(C) NO. 855 OF 2022 SEEKING STAY IN EXECUTION PETITION NO.27/2016 IN OS MUNSIFF'S COURT OF KOCHI UNTIL FINAL DISPOSAL OF OS PETITIONER/1ST JUDGEMENT DEBTOR/1ST DEFENDANT : C.G.THAMPI, AGED 80 YEARS, S/O. LATE GOPALAN, PENSIONER, RESIDING AT CHELAKKAT HOUSE, UC COLLEGE P.O., ALUVA, ERNAKULAM DISTRICT BY ADV K.P.UNNI RESPONDENTS/DECREEHOLDER AND JUDGEMENT DEBTORS 25/PLAINTIFF AND DEFENDANTS 2 TO 5: 1 JYOTHIS AGED ABOUT 52 YEARS S/O. VIJAYAN, THALAPPILLIL HOUSE, NAYARAMBALAM VILLAGE, ERNAKULAM DISTRICT, COCHIN 682 502. 2 AYSHA, AGED 42 YEARS W/O. PURUSHAN, KAIMALAMKARA HOUSE, CHERAI P.O, PALLIPPURAM VILLAGE, KOCHI TALUK- 683 514. ..2.. 3 LEENA, AGED 68 YEARS, W/O. RAJAN, PUNNAKATHARAYIL HOUSE, KOOLIMUTTOM, KAZHUVILANGU DESOM, MATHILAKOM, VEMBALLOOR P.O., KODUNGALUR TALUK- 680 685. 4 SOJA, AGED 62 YEARS W/O. GOPALAKRISHNAN, J.M. PARADISE, FLAT NO. 54, THAMMANAM, PALARIVATTOM P.O, ERNAKULAM DISTRICT, PIN 682 021. 5 JOSHI, AGED 66 YEARS S/O. GOPALAN, CHELLAKKATT HOUSE, EDAVANAKKAD P.O., ERNAKULAM DISTRICT, PIN 682 502. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..3..

A.BADHARUDEEN, J.

------------------------------------------------------------ ------------------------------------------------------------ Dated this the 24th day of May, 2022

JUDGMENT

In this original petition filed under Article 227 of the Constitution of India, the petitioner, who is the first

judgment debtor in E.P.No.27 of 2016 in O.S.No.71 of

2014 of the Principal Munsiff's Court, Kochi seeks the following relief; To grant the stay the execution proceedings in EP No.27/2016 in OS 71/2014 pending before the Hon'ble Principal Munsiff's Court of Kochi until the final disposal of OS 356/2013.

2. Heard the learned counsel for the petitioner on admission.

3. It is submitted by the learned counsel for

the petitioner that another suit in between the same ..4.. parties viz., O.S.No.356 of 2013 of the Principal Munsiff's Court, Kochi is pending seeking relief of fixation of boundary. He also submitted that another suit viz., O.S.No.108 of 2018 of the Principal Munsiff's Court, Kochi also is pending between the parties for partition of the plaint schedule property.

4. According to the learned counsel for the

petitioner, if the decree in O.S.No.71 of 2014 is executed, the same would prejudice the rights of the petitioner and therefore, the execution of the decree in O.S.No.71 of 2014 is liable to be stayed. No other valid grounds pointed out to substantiate the prayer sought for.

5. On perusal of the records, decree for

specific performance of contract as canvassed in O.S.No.71 of 2014 was passed as on 07.04.2015. After one year, the decree holder filed E.P.No.27 of 2016 to execute the decree. It appears that pendency of other ..5.. suits is not a ground to stay execution of a valid decree passed otherwise. Thus, prima facie, it appears that the prayer in this original petition is not liable to be granted. In view of the matter, this original petition deserves no merit and accordingly, the same is dismissed. Sd/- A.BADHARUDEEN, JUDGE rkj ..6.. APPENDIX OF OP(C) 855/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF OS 356/2013 PENDING BEFORE THE HON'BLE MUNSIFF COURT OF KOCHI. Exhibit P2 COPY OF E.P NO. 27/2016 IN OS 71/2014 PENDING BEFORE THE HON'BLE MUNSIFF COURT OF KOCHI. Exhibit P3 COPY OF OS 108/2018 FILED BY THE PETITIONER BEFORE THE HON'BLE MUNSIFF COURT OF KOCHI. Exhibit P4 COPY OF OP(C) 1927/2021 FILED BY THE PETITIONER BEFORE THE HON'BLE HIGH COURT OF KERALA WITHOUT EXHIBIT.

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