Allowed

Jayaraj Kurup T.K. v. Vellors Madathil Peethambaran

Kerala HC24 Sept 2012CRP/1347/2004

Case brief

AI extract

What is this about?

The Court allowed the revision petition, setting aside the lower court's dismissal of an execution petition for realization of money. It directed the Subordinate Judge to restore the petition to the file and dispose of it on merits within six months.

What did the court decide?

Impugned order set aside; execution petition restored for disposal on merits within six months. Original petition disposed.

Jayaraj Kurup T.K. Vs Vellors Madathil Peethambaran — Execution and Attachment | Kerala HC (2012)

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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.CHITAMBARESH

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MONDAY, THE 24TH DAY OF SEPTEMBER 2012/2ND ASWINA 1934

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CRP.No. 1347 of 2004 ( )

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EP NO. 89/2002 IN OS.214/1987 of SUB COURT, PAYYANNUR

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REVISION PETITIONER(S)/PETITIONERS/PLAINTIFFS::

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PADINHATTATYL THAMBAN ADIYODI (DIED) LEGAL REPRESENTATIVES OF DECEASED P. THAMBAN ADIYODI.

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T.K. JANAKI AMMA W/O. THAMBAN ADIYODI, PERALAM AMSOM KOZHUMMOL DESOM, P.O. KOZHUMMAL, KANNUR DISTRICT.

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T.K. RAJALAKSHMI, D/O. THAMBAN ADIYODI PERALAM AMSOM, KOZHUMMEL DESOM, P.O. KOZHUMMAL KANNUR DISTRICT.

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JAYARAJ KURUP T.K., S/O. LATE THAMBAN ADIYODI, PERALAM AMSOM, KOZHUMMAL DESOM P.O. KOZHUMMAL, KANNUR DISTRICT.

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T.K. RAVINDRA KURUP, S/O. LATE THAMBAN ADIYODI, PERALAM AMSOM, KOZHUMMAL DESOM P.O. KOZHUMMAL, KANNUR DISTRICT.

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T.K. SOBHANA, D/O. LATE THAMBAN ADIYODI PERELAM AMSOM, KOZHUMMAL DESOM, P.O. KOZHUMMAL KANNUR DISTRICT.

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BY ADV. SRI.V.N.RAMESAN NAMBISAN

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RESPONDENT(S)/DEFENDANT::

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VELLORA MADATHIL PEETHAMBARAN S/O. SAVITHI AMMA, AGED 35 YEARS RESIDING AT PAYYANNUR AMSOM KANDANGALI DESOM P.O. KONDANGALI (VIA) PAYYANNUR, KANNUR DISTRICT.

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BY ADV. SRI.M.SASINDRAN

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THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. CHITAMBARESH, J

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C.R.P. NO. 1347 OF 2004

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Dated this the 24^th day of September, 2012

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ORDER

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This is the third execution petition filed in order to execute a decree for realisation of money. The court below has dismissed the execution petition for the sole reason that the legal heirs of the decree holder were not present in court. I am inclined to afford one more opportunity to the petitioners to have a disposal of the execution petition on merits. I set aside the impugned order and direct the court below to restore the execution petition to file for disposal on merits.

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The court of the Subordinate Judge of Payyannur shall take the proceedings in E.P. No. 89/2002 in O.S. No. 214/1987 to its logical end within a period of six months from the date of receipt of a copy of this order.

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The Original Petition is disposed of. No costs.

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V. CHITAMBARESH JUDGE

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ncd

Jayaraj Kurup T.K. v. Vellors Madathil Peethambaran

Case brief

What is this about?

What did the court decide?

Jayaraj Kurup T.K. v. Vellors Madathil Peethambaran

Case brief

What is this about?

What did the court decide?

What the court decided

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