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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI
K.B. Rahulan – Appellant
Versus
Bridal Gold India – Respondent
| Table of Content |
|---|
| 1. clarification on the execution of compromise decrees. (Para 1 , 2) |
| 2. discussion of jurisdiction and precedent. (Para 3 , 4 , 5) |
| 3. examination of jurisdiction in execution and legal findings. (Para 6 , 7 , 8 , 9) |
| 4. final decision to dismiss the petitions. (Para 10) |
ORDER :
T.R. Ravi, J.
C.R.P. No.369/2025 has been filed challenging an order dated 29.03.2025 in E.A.No.679/2023 in E.P.No.99/2021 passed by the II Additional Sub Court, Thrissur. C.R.P. No.371/2025 has been filed challenging an order dated 18.03.2025 in E.A.No.680/2023 in E.P.No.167/2021 of the II Additional Sub Court, Thrissur. The revision petitioner and the respondent in these cases are the same. The petitioner is the judgment debtor and the respondent is the decree holder. The suits were filed by the respondent for realisation of amounts. O.S.No.16/2018 was instituted on 10.01.2018 and O.S.No.35/2018 was instituted on 03.05.2018. The suit were initiated after the coming into force of the Commercial Courts Act in 2013 which became operative in Kerala only with effect from 05.03.2020. As such, these were suits which were pending when the came into force.
2. Pending the suits, the parties had arrived at a
A compromise decree remains enforceable despite later jurisdiction challenges, provided the jurisdiction issue is evident from the decree itself.
A decree from a court lacking pecuniary jurisdiction is voidable, not null, and may be executed unless a timely objection is raised.
A decree passed by a court without jurisdiction is a nullity; jurisdiction questions can be raised in execution proceedings regardless of prior acceptance.
The Commercial Courts Act, 2015 grants jurisdiction to Commercial Courts for executing arbitral awards related to commercial disputes, emphasizing expedited resolution.
Execution petitions for amounts above specified values must be filed in Commercial Courts, as Principal District Judges lack jurisdiction under the Commercial Courts Act.
An award under the Kerala Cooperative Societies Act is executable by the Munsiff Court, notwithstanding the objections related to pecuniary jurisdiction at the time of filing the execution petition.
Execution petitions for awards must be filed in the jurisdiction where the property is located, as enforced under the Arbitration and Conciliation Act and Civil Procedure Code.
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