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SUKUKUMARI, AGED 60 YEARS versus SASHI,S/O.KUTTAMPARAMBATH ARJUNAN

High Court of Kerala

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SUKUKUMARI, AGED 60 YEARS v. SASHI,S/O.KUTTAMPARAMBATH ARJUNAN - WP(C) No. 19236 of 2006(M) [2007] RD-KL 2420 (1 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 19236 of 2006(M)

1. SUKUKUMARI, AGED 60 YEARS,
... Petitioner

Vs

1. SASHI,S/O.KUTTAMPARAMBATH ARJUNAN,
... Respondent

For Petitioner :SRI.P.RAMACHANDRAN

For Respondent :SRI.P.G.SURESH

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :01/02/2007

O R D E R

M.N.KRISHNAN, J.


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W.P.(C)NO.19236 OF 2006
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Dated this the 1st day of February 2007



JUDGMENT

This writ petition is filed to quash Ext.P4. The decree holder obtained a decree as per the terms of compromise and then proceeded to execute the decree by sale of property wherein the judgment debtor raised the contentions that she has entitled to the benefit under Section 60(c) of the Civil Procedure Code. The trial court negatived that contention on the ground that it was a compromise decree. The learned counsel for the decree holder submits that he is prepared to give some reasonable time for payment. Taking into consideration that aspect, I direct the judgment debtor namely the writ petitioner to pay the amount due in six monthly equal instalments. The writ petitioner shall pay Rs.5,000/- on 1-4-2007 and pay the balance amount in five monthly equal instalments and the decree holder shall file a statement before the court below showing the correctness of the amount. Writ petition is disposed of accordingly.

M.N.KRISHNAN, JUDGE

jes


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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