Disposed

Subramonian v. Varghese

Kerala HC18 Sept 2012OP(C)/2187/2012

Case brief

AI extract

What is this about?

High Court of Kerala made interim orders in an original petition concerning execution proceedings. The court directed the subordinate court to dispose of interlocutory applications within six weeks and stayed the confirmation of property sale pending consideration of these applications.

What did the court decide?

Stay on confirmation of sale of property for two months and a six-week timeline to dispose related applications.

Subramonian Vs Varghese — 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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TUESDAY, THE 18TH DAY OF SEPTEMBER 2012/27TH BHADRA 1934

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OP(C).No. 2187 of 2012 (O) -------------------------.NO./ IN OS.20/2008 of ADDL.SUB COURT,PARAVUR

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PETITIONER

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SUBRAMONIAN, AGED 58 YEARS S/O.DAMODHARAN, VENMANISSERI VEETTIL PUTHENVELIKKARA, PARAVUR TALUK, ERNAKULAM DISTRICT.

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BY ADV. SRI.MANSOOR.B.H.

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RESPONDENT(S):

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VARGHESE

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S/O.RAPHEL, THAIPPARAMBIL VEETTIL, PUTHENVELIKKARA PARAVUR TALUK, ERNAKULAM DISTRICT-683512.

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 18-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 2187 of 2012 (O)

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APPENDIX

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PETITIONER'S EXHIBITS

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P1 COPY OF THE E.P NO.142/2009 IN O.S. NO.20/2008 OF ADDITIONAL SUB JUDGE, NORTH PARAVUR DATED 2-6-2009

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P2 COPY OF THE I.A. NO.796/2012 IN OS. NO.20/2008 ON THE FILE OF THE HON'BLE ADDL. SUB JUDGE, N.PARVAVUR DATED 13-3-2012

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P3 COPY OF THE I.A. NO.795/2012 IN O.S. NO.20/2008 ON THE FILE OF THE HON'BLE ADDL. SUB JUDGE. N.PARAVUR DATED 13-3-2012

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P4 COPY OF THE ORDER DATED 21-3-2012 IN E.P NO.142/2009 IN O.S. NO.20/2008 OF ADDITIONAL SUB JUDGE , NORTH PARAVUR

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P5 COPY OF THE SALE NOTICE IN E.P NO.142/2009 IN O.S. NO.20/2008 OF ADDITIONAL SUB JUDGE , NORTH PARAVUR

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RESPONDENTS EXHIBITS

NIL

TRUE COPY

P.A. TO JUDGE

SMM

V .CHITAMBARESH,J.

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= = = = = = = = = = =

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O.P(C) No.2187 of 2012

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= = = = = = = = = = = == = = = = Dated this the 18^th day of September, 2012

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J U D G M E N T

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The only prayer in this original petition is for an early consideration of two interlocutory applications filed to set aside the exparte decree and to condone the delay. The petitioner seeks stay of sale of his property as proclaimed in execution pending consideration of the two interlocutory applications referred to above.

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I direct the Court of the Additional Subordinate Judge of North Paravur to dispose of I.A Nos.796/2012 and 795/2012 in O.S No.20/2008 on its file within a period of six weeks from the date of receipt of a copy of this judgment. The proposed sale of the property in execution of the decree can go on and its confirmation shall however remain stayed for a period of two months from the date of receipt of a copy of this judgment.

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The Original Petition (Civil) is disposed of.

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smm

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V.CHITAMBARESH. JUDGE

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smm

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Subramonian v. Varghese

Case brief

What is this about?

What did the court decide?

Subramonian v. Varghese

Case brief

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What did the court decide?

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