NASEEMA N.K vs USHA BHARATHAN - 2022 Supreme(Online)(KER) 17647

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2022 Supreme(Online)(KER) 17647

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 12TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 OP(C) NO. 57 OF 2022 EP 1040/2021 IN OS 944/2018 OF III ADDITIONAL MUNSIFF COURT, THRISSUR PETITIONER/JUDGMENT DEBTOR/DEFENDANT:
NASEEMA N.K., AGED 55 YEARS W/O. NIZAR, BUILDING NO. 23/270/01, NEAR CAPITAL GREEN FLAT, KERALA VARMA COLLEGE ROAD, KANNATTUKARA, THRISSUR-680 011 BY ADVS.
SINDHU SANTHALINGAM JESSY S.SALIM RESPONDENTS/DECREE HOLDERS 1 TO 4/PLAINTIFFS 1 TO 4:
1 USHA BHARATHAN, AGED 65 YEARS W/O. LATE DR. K.V. BHARATHAN, KOLARVEETTIL HOUSE, MANALI, CHUNGATHARA P.O, NILAMBUR, MALAPPURAM-679 334
2 SHEENA BHARATHAN, AGED 44 YEARS W/O. PRAVIN MADHUSUDANAN, METHIL HOUSE, KARAYAMVATTOM, VALAPPAD, NATTIKA, THRISSUR-680 567, REP. BY HER POWER OF ATTORNEY HOLDER BIBU BHARATHAN, AGED 36 YEARS, S/O. LATE DR. K.V. BHARATHAN, KOLARVEETTIL HOUSE, MANALI, CHUNGATHARA P.O, NILAMBUR, MALAPPURAM 679 334.
3 BIBU BHARATHAN, AGED 40 YEARS KOLARVEETTIL HOUSE, MANALI, CHUNGATHARA P.O, NILAMBUR, MALAPPURAM -679 334.
4 UNNIATHA, AGED 94 YEARS W/O. LATE CHAMI, KOLARVEETTIL HOUSE, MANALI, CHUNGATHARA P.O, NILAMBUR, MALAPPURAM 679 334.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.BADHARUDEEN, J.
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Dated this the 12th day of January, 2022

J U D G M E N T

This original petition filed under Article 227 of the Constitution of India against E.P.No.1040 of 2021 in O.S.No.944 of 2018 on the file of the III Additional Munsiff, Thrissur.

2. Prayers in this petition are as follows:-

a) Call for the records connected with case;

b) Declare that the Ext.P7 execution proceedings initiated by the Execution Court in E.P.No.1040/2021 in O.S.No.944/2018 is without the authority of law.

c) Set aside Ext.P7 Execution Petition as it has filed without any competence as the lower court and execution court has proceeded with the case without any jurisdiction;

d) Pass such other orders as are deemed fit, fair and necessary in the facts and circumstances of the case.

3. At the time of hearing, the learned counsel for the petitioner pressed for the remedies, as canvassed, though she failed to convince this Court how the execution of a valid decree passed that too on contest, to be interdicted with.

4. Admittedly, a valid decree passed in O.S.No.944 of 2018 by the III Additional Munsiff, Thrissur on 19.01.2021 has been put in execution. At this juncture, the defendant approached this Court with the above prayer. I do not think that a valid decree put in execution cannot be stayed or stalled for any reason. Therefore, the prayers in the petition cannot be granted. It seems that though decree and judgment passed by the Munsiff Court is appealable, no such remedy has opted by the petitioner..

For the above reasons, this original petition is dismissed.

Sd/-

A.BADHARUDEEN, JUDGE rkj APPENDIX OF OP(C) 57/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S. NO.

944/2018, ADDL. MUNSIFF COURT, THRISSUR Exhibit P2 A TRUE COPY OF THE AGREEMENT DATED

01.04.2017.

Exhibit P3 TRUE COPY OF THE JUDGMENT IN O.S.

944/2018, ADDL. MUNSIFF COURT, THRISSUR DATED 19.01.2021.

Exhibit P4 TRUE COPY OF THE DECREE IN O.S. 944/2018, ADDL. MUNSIFF COURT, THRISSUR DATED

19.01.2021.

Exhibit P5 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 17.08.2021.

Exhibit P6 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 17.11.2021.

Exhibit P7 A TRUE COPY OF THE EXCUTION PETITION NO.1040 OF 2021 IN O.S. NO. 944/18.

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