Paul Thomas v. Abraham
Case brief
What is this about?
Single judge order allowing return of a document from District Court Thodupuzha to petitioner on conditions: petitioner must file affidavit, produce registration copy, and affirm original not needed for appeal disposal since execution is not disputed.
What did the court decide?
Petitioner allowed to retrieve original document subject to filing affidavit and submitting registration copy; impugned order setting aside.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932
OP(C).No. 347 of 2011(O) -----------------------AS.43/2010 of DISTRICT COURT,THODUPUZHA ....................
PETITIONER : ---------------------PAUL THOMAS, PARATHAZHATHU HOUSE, VANNAPPURAM POST, THODUPUZHA
BY ADV. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY
RESPONDENT(S): --------------ABRAHAM, S/O.THOMAS PARATHAZHATHU HOUSE, KARIMANNOOR KARA & VILLAGE THODUPUZHA TALUK 685 581
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OPC 347/2011
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1: COPY OF THE AFFIDAVIT AND PETITION DATED 30.10.2010 BY THE PETITIONER. EXT.P2: COPY OF THE ORDER DATED 1.11.2010 IN I.A.NO.693/2010 IN A.S.NO.43 OF 2010, DISTRICT COURT, THODUPUZHA. RESPONDENT'S EXHIBITS :
Issues for consideration
3 issues framed by the court
Whether an application for return of a document can be allowed if filed by an advocate instead of the petitioner via affidavit.
Whether the pendency of an appeal is a valid ground to reject an application for return of documents.
What conditions must be satisfied for the return of an original document in an appellate proceeding.
Parties & counsel
- petitioner
Paul Thomas
- respondent
Abraham
Coram
K.T. Sankaran
Case details
As recorded by the court registry
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