IN THE HON’BLE COURT OF DISTRICT JUDGE, PALAKKAD

EXECUTION No…. /2023

IN

O.S. 470/2019

IN THE MATTER OF:

JISHNU NAMBOOTHIRI
S/O CHANDRASHEKAR NAMBOOTHRI
3, SARAH STREET,
THIRUVALATHOOR,
PALAKKAD DISTRICT …... DECREE HOLDER

VERSUS

GOPALA KIRHSNAN
S/O KAMAL
21/7 KANHIRAPUZHA STREET,
KARIMPUZA,
PALAKKAD DISTRICT …... JUDGMENT DEBTOR

The Decree Holder prays for the Execution of the Decree/order for the particulars
whereof are stated in the column hereunder: -

1. Number of the Suit O.S. 470/2019

2. Name of the Parties Jishnu Namboothiri

S/o Chandrashekar Namboothiri
3, Sarah Street,
Thiruvalathoor,
Palakkad district …………...Decree holder

VERSUS

Gopala Krishnan
 S/o Kamal
21/7 kanhirapuzha street,
karimpuza,
Palakkad district ….……. Judgment Debtor
3. Date of Decree/ Order of which 17.12.2022
Execution is sought

4. Whether an appeal was filed against No, there is no appeal was filed against the decree /
the decree/ order under execution order under this execution till date

5. Whether any payment has been No, there is no payment has been received towards the
received towards satisfaction of satisfaction of the decree
decree/order
6. Whether any application was made No, there is no application was made previous to this.
previous to this and if so their dates
and results
7. Whether the amount of the suit Decree of Rs. 5,00,000/- with cost and along with
along with the interest as per decree interest of 4% (per annum) and the other relief of
or any other relief granted by the performance of the contract (clay mining) within the
decree. stipulated time
8. Amount of cost if allowed by court Rs. 700/-

9. Against whom the execution is Against the Judgment Debtor

sought

10. In what manner/mode in which the The Decree Holder humbly submits the courts
court assistance is sought assistance in recovery of money, (if not the attachment
of the judgment debtor’s property-immovable) along
with the execution of the performance of the contract
(Clay Mining) under Order 21 Rule 32 of the Code of
Civil Procedure.

The Decree Holder Most Humbly Prays:

1. That the decree holder obtained the decree in favor against the judgment debtor
for the specific performance and for the recovery of money.
 2. From the facts of the case, it is submitted that the decree holder and the judgment
debtor have entered into a contract of clay mining for the decree holders
Museum gallery in Palakkad.
3. The decree holder paid a sum of Rs. 4,50,000/- as per the contract inclusive of
advance and the actual work amount.
4. However, the judgment debtor has failed to execute the contract as per the same
which have incurred a loss to the Decree holder of Rs. 5,00,000/- in terms of
subsequent transactions like transportation, communication and construction of
the gallery.
5. The suit is been filed for the enforcement of specific performance and along with
the recovery of loss incurred in terms of breach of contract which are registered.
6. In the matter of adjudication, the court observed the facts and circumstances and
decreed in favor of the decree holder (the plaintiff) in dealing with the recovery
of money of Rs. 5,00,000/- along with 4% interest per annum and to the
performance of the contract within the reasonable stipulated time given for the
amount paid of Rs. 4,50,000/-.
7. Hence, the decree holder approached and humbly submits before this Executing
court (In the Hon’ble Court of District judge, Palakkad) for the recovery of
money along with the interest (as per the decree) and for the execution of
performance of the contract.
8. In case of the execution, the decree holder humbly submits to attach the
judgment debtor’s property described as per the schedule given.
In view of the above said facts and circumstances it is, therefore, most respectfully
prayed that this Hon’ble Court may kindly be pleased to:

a) To execute the decree for the recovery of money along with the interest as per the
decree and for the execution of the performance of contract by the attachment of
property of the judgment debtor according to the property described as per the
schedule given.

b) pass such other and/or further order as this Hon’ble Court may deem fit and proper
in the facts and circumstances of the case, prayed accordingly.

SIGNATURE OF COUNSEL SIGNATURE OF DECREE HOLDER

VERIFICATION:-
I, JISHNU NAMBOOTHIRI the Decree Holder, do hereby verify that the contents of
this application are true to my knowledge and belief.

SIGNATURE OF DECREE HOLDER

IN THE HON’BLE COURT OF DISTRICT JUDGE, PALAKKAD

EXECUTION No…../2023

IN

O.S. NO. 470/2019

IN THE MATTER OF:

JISHNU NAMBOOTHIRI
S/O CHANDRASHEKAR NAMBOOTHRI
3, SARAH STREET,
THIRUVALATHOOR,
PALAKKAD DISTRICT …... DECREE HOLDER

VERSUS

GOPALA KIRHSNAN
S/O KAMAL
21/7 KANHIRAPUZHA STREET,
KARIMPUZA,
PALAKKAD DISTRICT …... JUDGMENT DEBTOR
AFFIDAVIT

I, JISHNU NAMBOOTHIRI, Chairman of Palakkad Art and Museum Gallery, do

hereby solemnly affirm and declare as under:-

1. That I am the Decree Holder in the accompanying execution petition and well
conversant with the facts of the case hence competent to swear and affirm this affidavit.

2. That the accompanying execution petition has been drafted by my counsel under my
instructions and at my instance and the contents of the same are correct and true and the
same are not reproduced here for the sake of brevity and the same may be read as part
and parcel of this affidavit.

3. That there is no stay against the said order and decree from any other court of law.

DEPONENT

VERIFICATION:-
Verified at Delhi on this day of ………., 2014, that the contents of above affidavit are
true and correct to my knowledge and nothing material has been concealed there from.

DEPONENT

SCHEDULE OF THE PROPERTY

All that piece and parcel of vacant land in the survey no. 345/145S3 and 245/6 part,
situated at Rajiv Gandhi, in Kannur thorraipakkam village, Tambaram taluk, Palakkad
District, measuring a total extent of 1,567 sq. ft or 21.45 grounds or thereabouts and
bounded on the;

North: land retained by M/s Yekediar Farms Pvt ltd. (land owners) in survey no.
234/34h74

East: Rajiv Gandhi salai and OSR Land in survey no.583/657B3

West: lands in survey no. 9045/234f

South: land retained by Kumari textiles survey no. 740456/094A78