Shafeeque vs Sudhakaran

Type Court Judgment Court Kerala Decided May 26, 2021

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Citation: sooperkanoon.com/1625731
Court: Kerala High Court
Judge: Honourable Mr. Justice Sunil Thomas
Decided On: May 26, 2021
Case Number: OP(C)/819/2021

Parties & Advocates

Appellant / Petitioner

Shafeeque

Respondent

Sudhakaran

Excerpt

op(c) no. 1015 of 2021 1in the high court of kerala at ernakulampresent the honourable mr. justice sunil thomas wednesday, the 26th day of may 2021 / 5th jyaishta, op(c) no. 819 of 2021 (against the order dated 18.02.2021 and 20.03.2021 in ea.no.68/2021 in ep.no.6/2020 in plp.no.1487/2019 before the munsiff court, wadakkancherry) petitioner/petitioner/judgment debtor: shafeeque s/o.kallingalparambil abdul latheef, chelakkara village, thalappilly taluk, thrissur district. by adv k.m.aneesh respondent/respondent/decree holder: sudhakaran s/o.late appu nair, amruth nivas, chelakkara village, thalappily taluk, opp. to lpghs school, chelakkara p.o., thrissur pin 680 586 adv.renjith marar for respondent this op (civil) having come up for admission on 26.05.2021, the court on the same day delivered the following: op(c) no. 1015 of 2021 2judgmentheard the learned counsel for the petitioner and the learned cousel mr.renjith marar, who took notice for the respondent.2. after hearing both sides, i do not find anymerit in the contentions set up by the petitioner. however, the learned counsel for the petitioner its all earnestness as a last option suggested that his party is also attempting for sometype of settlement. having considered the submission of the learned counsel for the petitioner, i am inclined to dispose of the original petition (c) itself by directing the court below to keep the delivery in abeyance till 28.06.2021. parties shall try to settle in the meanwhile. if no settlement is arrived at in the meanwhile, the court shall proceed with the delivery proceedings on 28.06.2021. op(c) is disposed of with the above directions. sd/- sunil thomas, judge r.av op(c) no. 1015 of 2021 3 appendix petitioner's/s exhibits exhibit p1 true copy of the award along with the compromise agreement dated 26.07.2019 exhibit p2 the true copy of the order dated 18.02.2021 in e.p.n.6/2020 of the munsiff court, wadakkanchery exhibit p3 true copy of the e.a.no.68/2021 in e.p.no.6/2020.....

Full Judgment

OP(C) NO. 1015 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY, THE 26TH DAY OF MAY 2021 / 5TH JYAISHTA, OP(C) NO. 819 OF 2021 (AGAINST THE ORDER DATED 18.02.2021 AND 20.03.2021 IN EA.NO.68/2021 IN EP.NO.6/2020 IN PLP.NO.1487/2019 BEFORE THE MUNSIFF COURT, WADAKKANCHERRY) PETITIONER/PETITIONER/JUDGMENT DEBTOR: SHAFEEQUE S/O.KALLINGALPARAMBIL ABDUL LATHEEF, CHELAKKARA VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV K.M.ANEESH RESPONDENT/RESPONDENT/DECREE HOLDER: SUDHAKARAN S/O.LATE APPU NAIR, AMRUTH NIVAS, CHELAKKARA VILLAGE, THALAPPILY TALUK, OPP. TO LPGHS SCHOOL, CHELAKKARA P.O., THRISSUR PIN 680 586 ADV.RENJITH MARAR FOR RESPONDENT THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 1015 OF 2021 2

JUDGMENT

Heard the learned counsel for the petitioner and the learned cousel Mr.Renjith Marar, who took notice for the respondent.

2. After hearing both sides, I do not find any

merit in the contentions set up by the petitioner. However, the learned counsel for the petitioner its all earnestness as a last option suggested that his party is also attempting for sometype of settlement. Having considered the submission of the learned counsel for the petitioner, I am inclined to dispose of the Original Petition (C) itself by directing the court below to keep the delivery in abeyance till 28.06.2021. Parties shall try to settle in the meanwhile. If no settlement is arrived at in the meanwhile, the court shall proceed with the delivery proceedings on 28.06.2021. OP(C) is disposed of with the above directions. Sd/- SUNIL THOMAS, JUDGE R.AV OP(C) NO. 1015 OF 2021 3 APPENDIX PETITIONER'S/S EXHIBITS EXHIBIT P1 TRUE COPY OF THE AWARD ALONG WITH THE COMPROMISE AGREEMENT DATED 26.07.2019 EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED 18.02.2021 IN E.P.N.6/2020 OF THE MUNSIFF COURT, WADAKKANCHERY EXHIBIT P3 TRUE COPY OF THE E.A.NO.68/2021 IN E.P.NO.6/2020 FILED BY THE PETITIONER EXHIBIT P4 THE TRUE COPY A DIARY PROCEEDINGS DATED 20.03.2021 IN WP NO.6/2020 OF THE MUNSIFF COURT,WADAKKANCHERY RESPONDENT'S/S NIL EXHIBITS

Same Court & Year Kerala · 2021 Same Parties Shafeeque vs Sudhakaran Same Judge Honourable Mr. Justice Sunil Thomas