Runs Mon vs Simpol

Type Court Judgment Court Kerala Decided May 24, 2022

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Citation: sooperkanoon.com/1440102
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: May 24, 2022
Case Number: OP(C)/13/2019

Parties & Advocates

Appellant / Petitioner

Runs Mon

Respondent

Simpol

Excerpt

.....nilambur taluk, by adv sri.p.venugopal (1086/92) this op (civil) having come up for admission on 24.05.2022, the court on the same day delivered the following:judgmentdated this the 24th day of may, 2022 this original petition has been filed under article 227 of the constitution of india by the plaintiff, who is aggrieved byorder in i.a.no.1243/2018 in o.s.no.77/2018 dated21.12.2018, whereby the learned munsiff refused to give attachment in respect of schedule 2 movable properties.2. at the time of admission, this court granted an interim order, whereby the respondent is restrained from alienating the movable properties described in schedule 2.3. going by the order impugned also, the trial court kept the movable properties under conditional attachment with notice to respondent on 08.01.2019.4. at the time of hearing, the learned counsel for the petitioner would submit that now decree has been passed in o.s.no.77/2018 on 25.03.2021 and the copy of the decree has not been obtained so far.5. in view of passing of the decree, the remedy ofthe petitioner is to move execution petition to execute the decree and the terms of the decree in so far as the movable items shall also govern the decree. since the details of the decree is not known, i am of the view that this original petition can be closed with liberty to the petitioner to file execution petition and seek remedies in tune with the terms of the decree and for effecting the same, the interim order passed by this court restraining alienation of the movable properties described in schedule 2 produced along with ext.p2 shall be in force for a period of five weeks from today and not thereafter. this original petition stands disposed of. registry shall forward a copy of this judgment to the court below concerned, within seven days, for information and compliance. sd/- a. badharudeen judge nkr appendix of op(c) 13/2019 petitioner exhibits exhibit p1 a true copy of the plaint in o.s. no. 77 of 2018 on.....

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.13 OF 2019 AGAINST THE ORDER/JUDGMENT IN OS 77/2018 OF SUB COURT / COMMERCIAL COURT, MANJERI PETITIONER/PETITIONER/PLAINTIFF: RUNS MON AGED 43 YEARS S/O. K.T. ABRAHAM, PROPRIETOR, K.P.A. PETROLEUM RELIANCE OUTLET, NILAMBUR AMSOM, DESOM AND TALUK, BY ADVS. K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI RESPONDENT/RESPONDENT/DEFENDANT: SIMPOL AGED 36 YEARS S/O. VARKY, POTTAKKAL HOUSE, VADAPURAM, NILAMBUR TALUK, BY ADV SRI.P.VENUGOPAL (1086/92) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 24th day of May, 2022 This Original Petition has been filed under Article 227 of the Constitution of India by the plaintiff, who is aggrieved by

order in I.A.No.1243/2018 in O.S.No.77/2018 dated

21.12.2018, whereby the learned Munsiff refused to give attachment in respect of Schedule 2 movable properties.

2. At the time of admission, this Court granted an interim order, whereby the respondent is restrained from alienating the movable properties described in Schedule 2.

3. Going by the order impugned also, the trial court kept the movable properties under conditional attachment with notice to respondent on 08.01.2019.

4. At the time of hearing, the learned counsel for the petitioner would submit that now decree has been passed in O.S.No.77/2018 on 25.03.2021 and the copy of the decree has not been obtained so far.

5. In view of passing of the decree, the remedy of

the petitioner is to move execution petition to execute the decree and the terms of the decree in so far as the movable items shall also govern the decree. Since the details of the decree is not known, I am of the view that this Original Petition can be closed with liberty to the petitioner to file execution petition and seek remedies in tune with the terms of the decree and for effecting the same, the interim order passed by this Court restraining alienation of the movable properties described in Schedule 2 produced along with Ext.P2 shall be in force for a period of five weeks from today and not thereafter. This Original Petition stands disposed of. Registry shall forward a copy of this judgment to the court below concerned, within seven days, for information and compliance. Sd/- A. BADHARUDEEN JUDGE nkr APPENDIX OF OP(C) 13/2019 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S. NO. 77 OF 2018 ON THE FILES OF THE SUBORDINATE JUDGE OF MANJERI. EXHIBIT P2 CERTIFIED COPY OF THE ORDER DATED

21.12.2018 IN I.A. NO. 1243/2018 IN O.S. NO. 77 OF 2018 ON THE FILE OF THE COURT OF THE SUBORDINATE JUDGE OF MANJERI ALONG WITH THE I.A. NO. OTHER DOCUMENTS PRODUCED ALONG WITH I.A. NO. 1243/2018

Same Court & Year Kerala · 2022 Same Parties Runs Mon vs Simpol Same Judge Honourable Mr. Justice a. Badharudeen