Sashi vs Kasturbai

SASHI vs Kasturbai

Type Court Judgment Court Kerala Decided Jan 27, 2022

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https://sooperkanoon.com/case/1445546

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Citation: sooperkanoon.com/1445546
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Jan 27, 2022
Case Number: OP(C)/162/2022

Parties & Advocates

Appellant / Petitioner

SASHI

Respondent

Kasturbai

Excerpt

.....slp is only known to the judgment debtors. in view of pendency of slp, i am inclined to grant a week's time in this matter so that the learned sub judge, alappuzha is directed to defer the execution for a period of one week from today facilitating the review petitioners/judgment debtors to get order of stay, if any, from the apex court. it is specifically o.p.(c)no.162 of 2022 ..5.. ordered further that, if no order of stay obtained as submitted, the learned sub judge can go on with the execution so as to effect delivery in accordance with law.5. insofar as o.p.(c)no.162 of 2022 is concerned,the same has now become infructuous, since the prayer therein is to stay the execution in e.p.no.136 of 2019 till the hearing of review petition no.96 of 2022. since review petition no.96 of 2022 is disposed of, o.p.(c)no.162 of 2022 is dismissed as infructuous. sd/- a.badharudeen, judge rkj o.p.(c)no.162 of 2022 ..6.. appendix of op(c) 162/2022 petitioner exhibits exhibit p1 true copy of the plaint numbered as o.s.no.10 of 2011 before the sub court, alappuzha dated 15/01/2011. exhibit p2 true copy of the proof affidavit filed before the sub court, alappuzha in o.s.no.10 of 2011 dated 01/08/2015. exhibit p3 true copy of the license issued from the excise department, kerala state dated exhibit p4 true copy of the execution petition numbered as e.p.no.136 of 2019 in o.s.no.10 of 2011 dated 03/12/2019. exhibit p5 true copy of the objection filed by the petitioner/judgment debtor dated exhibit p6 true copy of the judgment dated hon'ble high court of kerala, ernakulam. exhibit p7 true copy of the review petition filed by the petitioner/judgment debtor dated of kerala. exhibit p8 the copy of the affidavit dated 19/1/2022filed before the sub court, alappuzha along with the letter of the counsel before the hon'ble supreme court.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943 RP NO. 96 OF 2022 AGAINST THE JUDGMENT IN OP(C) 11/2022 OF HIGH COURT OF KERALA PETITIONERS/RESPONDENTS IN THE O.P.(C) : 1 BEENA P.N., AGED 52 YEARS W/O.SASHI, PUTHENPARAMBIL, NEELAMPEROOR VILLAGE, KUMARAMKARI P.O., KUTTANAD TALUK, ALAPPUZHA-686 103. 2 V.SASHI, S/O.VASU, PUTHENPARAMBIL, NEELAMPEROOR VILLAGE, KUMARAMKARI P.O., KUTTANAD TALUK, ALAPPUZHA-686 103. BY ADV P.MANOJKUMAR RESPONDENT/PETITIONER IN THE O.P.(C): KASTHURBAI, D/O.PARVATHY AMMA, SREEPADMAM, DEVI NAGAR, PAZHAVEEDU VILLAGE, ALAPPUZHA-688 009. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 27.01.2022, ALONG WITH OP(C)NO.162/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C)No.162 of 2022 ..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943 OP(C) NO. 162 OF 2022 AGAINST THE ORDER IN EP 136/2019 IN OS 10/2011 OF SUB COURT, ALAPPUZHA PETITIONER/JUDGMENT DEBTOR: SASHI AGED ABOUT 55 YEARS S/O.VASU, FROM PUTHENPARAMBIL, PALLAMKARAYIL, NATTAKAM VILLAGE, KOTTAYAM, NOW RESIDING AT PUTHENPARAMBIL, VALADI MURI, KUMARAMKARI P.O., NEELAMPEROOR VILLAGE, KUTTANAD, ALAPPUZHA DISTRICT, PIN - 689 590. BY ADV P.MANOJKUMAR RESPONDENT/DECREE HOLDER : KASTURBAI AGED 67 YEARS D/O.PARVATHIAMMA, FROM MALIYECKAL MADOM, VALADIMURI, NEELAMPEROOR VILLAGE, NOW RESIDING AT SREEPADMOM, DEVI NAGAR, PAZHAVEEDU VILLAGE, ALAPPUZHA DISTRICT, PIN - 688 012. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 27.01.2022, ALONG WITH RP.96/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C)No.162 of 2022 ..3..
A.BADHARUDEEN, J.
------------------------------------------------------------ Review Petition No.96 of 2022 & O.P.(C)No.162 of 2022 ------------------------------------------------------------ Dated this the 27th day of January, 2022 O R D E R/J U D G M E N T The respondents in O.P.(C)No.11 of 2022 have filed this Review Petition No.96 of 2022, being aggrieved by the

judgment of this Court dated 05.01.2022.

2. As per the order of this Court in this original

petition dated 05.01.2022, I have directed the learned Sub Judge to effect delivery in accordance with law within a period of fifteen days, when the decree holder filed this petition highlighting the reluctance on the part of the Court to effect delivery, on the submission that the decree attained finality after dismissal of the second appeal. O.P.(C)No.162 of 2022 ..4..

3. Challenging the above order, respondents 1

and 2 in the above original petition has filed this review petition. It has been contended in the review petition that the review petitioners filed SLP before the Supreme Court challenging the judgment and decree of this Court. According to the learned counsel for the petitioners, SLP(C)No.1918 of 2022 has been pending. Therefore, one week's time may be granted to move before the Apex Court and to obtain stay, till then, the execution may be deferred.

4. The learned counsel for the decree holder

submitted that no stay so far obtained in the SLP and pendency of SLP is only known to the judgment debtors. In view of pendency of SLP, I am inclined to grant a week's time in this matter so that the learned Sub Judge, Alappuzha is directed to defer the execution for a period of one week from today facilitating the review petitioners/judgment debtors to get order of stay, if any, from the Apex Court. It is specifically O.P.(C)No.162 of 2022 ..5.. ordered further that, if no order of stay obtained as submitted, the learned Sub Judge can go on with the execution so as to effect delivery in accordance with law.

5. Insofar as O.P.(C)No.162 of 2022 is concerned,

the same has now become infructuous, since the prayer therein is to stay the execution in E.P.No.136 of 2019 till the hearing of Review Petition No.96 of 2022. Since Review Petition No.96 of 2022 is disposed of, O.P.(C)No.162 of 2022 is dismissed as infructuous. Sd/- A.BADHARUDEEN, JUDGE rkj O.P.(C)No.162 of 2022 ..6.. APPENDIX OF OP(C) 162/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT NUMBERED AS O.S.NO.10 OF 2011 BEFORE THE SUB COURT, ALAPPUZHA DATED 15/01/2011. Exhibit P2 TRUE COPY OF THE PROOF AFFIDAVIT FILED BEFORE THE SUB COURT, ALAPPUZHA IN O.S.NO.10 OF 2011 DATED 01/08/2015. Exhibit P3 TRUE COPY OF THE LICENSE ISSUED FROM THE EXCISE DEPARTMENT, KERALA STATE DATED Exhibit P4 TRUE COPY OF THE EXECUTION PETITION NUMBERED AS E.P.NO.136 OF 2019 IN O.S.NO.10 OF 2011 DATED 03/12/2019. Exhibit P5 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER/JUDGMENT DEBTOR DATED Exhibit P6 TRUE COPY OF THE JUDGMENT DATED HON'BLE HIGH COURT OF KERALA, ERNAKULAM. Exhibit P7 TRUE COPY OF THE REVIEW PETITION FILED BY THE PETITIONER/JUDGMENT DEBTOR DATED OF KERALA. Exhibit P8 THE COPY OF THE AFFIDAVIT DATED 19/1/2022

FILED BEFORE THE SUB COURT, ALAPPUZHA ALONG WITH THE LETTER OF THE COUNSEL BEFORE THE HON'BLE SUPREME COURT.

Same Court & Year Kerala · 2022 Same Parties SASHI vs Kasturbai Same Judge Honourable Mr. Justice a. Badharudeen