SALINI SANTHOSH AND OTHERS Vs. BENNY AND OTHERS

JUDGEMENT

(1.) A decree for money was passed against the SNDP Branch No.4073, Kalathilpalam, Karumadi P.O represented by its Secretary and President, on 21.01.2008, in O.S No.323 of 2007 of the Additional Sub Court, Alappuzha. E.P No.238 of 2008 was filed by the decree holder namely Benny.K, for realisation of the decree debt by sale of the immovable property belonging to the judgment debtor. On 17.12.2016 the property, namely 5.07 Ares in Survey No.174/22 of Karumadi Village, was sold through court. The property was purchased by one Biju Joseph. He filed E.A No.127 of 2017 for delivery of the property. The execution court, on 28.10.2017, ordered delivery. On 15.12.2017 the President and Secretary of the Parent Teachers Association of a school by name 'Little Flower English Medium School' stated to be functioning in the property filed E.A No.414 of 2017 requesting for grant of time for shifting the school from the building situated in the property in question. On 18.12.2017 they approached this Court by filing O.P (C)No.3603 of 2017 with the following prayer:

(2.) It appears that there has been a concerted attempt to defeat the execution proceedings in E.P No.238 of 2008 in O.S No.323 of 2007 of the Sub Court, Alappuzha. Certain striking facts to be noticed are:

(3.) On the whole, the sequence of events and the proceedings are such that a chess game is being played to defeat the execution of a decree. It may or may not be true when the petitioners say that the decree in O.S No.323 of 2007 is collusive. But initiation of such multiple proceedings, arraying on the battle front different individuals, is not to be welcomed. The jurisdiction of this Court under Article 227 of the Constitution is not liable to be invoked and exercised in favour of such persons. Further, on the sequence of events and the non-compliance and bypassing of the orders of this court in O.P 3603 of 2017, it appears that there is an attempt to stall the execution proceedings in E.P No.238 of 2008 of the Sub Court, Alappuzha. If the school that is said to have been functioning in the premises commences its activities for the next academic year, again the execution proceedings will get stalled. As noticed supra, this Court had granted time to vacate the property till the end of the previous academic year. The benefit was availed. Enough and more time was available to make alternate arrangements. Taking note of the entire facts and circumstances I restrain the judgment debtor in O.S No.323 of 2007 of the Sub Court, Alappuzha from admitting students, functioning the school and from conducting any functions in the 5.07 Ares of property in Survey No174/22 of Karumadi village, Karumadi muri in respect of which sale certificate dated 28.07.2017 was issued by the Sub Court, Alappuzha in E.P No.238 of 2008 in O.S No.323 of 2007 till the execution proceedings are culminated or appropriate directions are passed by this Court in the appeal referred to supra.