Disposed

Krishnakurup Achuthakurup v. Chellamma and 9 Others

Kerala HC28 Nov 2008WP(C)/35296/2008

Case brief

AI extract

What is this about?

This writ jurisdicion was filed by the petitioner who was the 1st defendant in O.S.No.596 of 2002. He challenged the ex parte decree dated 5.6.2007 by filing application to set it aside and another application to condone delay as he filed it out of time. The petitioner sought to keep execution proceedings in abeyance.

What did the court decide?

Writ petition disposed of directing the Munsiff, Adoor to dispose of the delay petition in O.S.No.596/2002 expeditiously and to dispose of the set aside application thereafter after hearing both sides

Krishnakurup Achuthakurup Vs Chellamma and 9 Others — Execution and Attachment | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930

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WP(C).No. 35296 of 2008(B)

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OS.596/2002 of MUSNIFF COURT,ADOOR

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PETITIONER(S): 1

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KRISHNAKURUP ACHUTHAKURUP, PAMBUKUZHI KIZHEKKETHIL VEEDU, NARIAPURAM P.O., VALLIKODE, VILLAGE, PATHANAMTHITTA.

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BY ADV. SRI.SEBASTIAN PHILIP

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RESPONDENT(S):

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CHELLAMMA, D/O. LATE NARAYANAKURUP, PAMBUKUZHI KIZHEKKETHIL VEEDU, NARIAPURAM P.O, VALLIKODE VILLAGE, PATHANAMTHITTA PIN 689 513,.

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KRISHNANKUTTY NAIR, S/O. LATE NARAYANAKURUP, PAMBUKUZHI KIZHEKKETHIL VEEDU, NARIPURAM P.O., VALLIKODE VILLAGE, PATHANAMTHITTA 689 513,

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DEVAKI, D/O. LATE NARAYANAKURUP, PAMBUKUZHI KIZHEKKETHIL VEEDU, NARIPURAM P.O., VALLIKODE VILLAGE, PATHANAMTHITTA 689 513,

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OMANA, D/O. LATE NARAYANAKURUP, PAMBUKUZHI KIZHEKKETHIL VEEDU, NARIPURAM P.O., VALLIKODE VILLAGE, PATHANAMTHITTA 689 513,

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SANTHA, D/O.LATE NARAYANAKURUP, PAMBUKUZHI KIZHEKKETHIL VEEDU, NARIPURAM P.O., VALLIKODE VILLAGE, PATHANAMTHITTA 689 513,

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PONNAMMA, D/O. LATE NARAYANAKURUP, CHEMPAKASSERIL VEEDU, ADOOR P.O., PATHANAMTHITTA .

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KALYANI, W/O. LATE NARAYANAKURUP, PAMBUKUZHI KIZHEKKETHIL VEEDU NARIPURAM P.O., VALLIKODE VILLAGE, PATHANAMTHITTA 689 513,

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SREEDHARAN PILLAI, THUNDIYIL SREENILAYAM VEEDU, NARIAPURAM P.O., PATHANAMTHITTA.

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RAMACHANDRAN PILLAI, S/O. RAMAKURUP, PAMBUKUZHI KIZHEKKETHIL VEEDU NARIPURAM P.O., VALLIKODE VILLAGE, PATHANAMTHITTA 689 513,

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VASUDEVAN PILLAI, S/O. RAMAKURUP PAMBUKUZHI KIZHEKKETHIL VEEDU, NARIAPURAM P.O., VALLIKODE VILLAGE, PATHANAMTHITTA.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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V. RAMKUMAR, J.

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= = = = = = = = = = = = = W.P.(c).No.35296 of 2008

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= = = = = = = = = = = = = = Dated this the 28th day of November, 2008

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JUDGMENT

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Petitioner, who was the 1^st defendant in O.S.No.596 of 2002 on the file of the Munsiff's Court, Adoor, has challenged Ext.P5 ex parte decree dated 5.6.2007 by filing Ext.P7 application as I.A.No.1960/2008 under Order 9 Rule 13 C.P.C. Since the petition is filed out of time, he has also filed Ext.P8 petition as I.A.No.1961/2008 to condone the delay in filing Ext.P7 application. While so, the execution proceedings are being proceeded with. Since as per the ex parte order an earlier decree obtained by the petitioner against the plaintiffs has been set aside and the petitioner and other defendants have been directed to vacate possession of the plaint D Schedule property within two months, it is just and necessary that until the court below disposes of Ext.P7 and P8 petitions all further proceedings in execution of Ext.P5 decree are kept in abeyance. Accordingly, this writ petition is disposed of directing the Munsiff, Adoor to dispose of Ext.P8 delay petition, expeditiously,

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W.P.(c).No.35296 of 2008

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after hearing both sides, and in case the delay is condoned, to dispose of Ext.P7 petition thereafter, expeditiously, after hearing both sides. The execution of the decree in O.S.No.596/2002 shall be kept in abeyance until and subject to the disposal of Exts.P7 and P8 petitions.

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Dated this the 28th day of November, 2008.

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V. RAMKUMAR, JUDGE

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Krishnakurup Achuthakurup v. Chellamma and 9 Others

Case brief

What is this about?

What did the court decide?

Krishnakurup Achuthakurup v. Chellamma and 9 Others

Case brief

What is this about?

What did the court decide?

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