Disposed

Joseph Philip v. Kerala State Housing Board

Kerala HC10 Sept 2012OP(C)/2907/2012

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Subordinate Court at Thiruvalla to expedite execution proceedings under EP No. 38/2009 in OS No. 34/2007 within two months, pending the return of an appeal for representation. The petition was disposed of after directing swift action.

What did the court decide?

Direct the Subordinate Court to expedite execution proceedings within two months.

Joseph Philip Vs Kerala State Housing Board — Specific Performance | Kerala HC (2012)

¶1

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 10TH DAY OF SEPTEMBER 2012/19TH BHADRA 1934

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OP(C).No. 2907 of 2012 (O)

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OS.34/2007 of SUB COURT, THIRUVALLA

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PETITIONER(S):

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JOSEPH PHILIP, AGED 70 YEARS R/A.PLOT NO 50,J.P.NAGAR, II STAGE R.S.P.O,THIRUVALLA, PATHANAMTHITTA DIST PIN-6

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BY ADVS.SRI.THAMPAN THOMAS

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SRI.B.V.JOY SANKER

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RESPONDENT(S):

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KERALA STATE HOUSING BOARD THIRUVANANTHAPURAM, REP.BY IT SECRETARY-695001

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EXECUTIVE ENGINEER KERALA STATE HOUSING BOARD PATHANAMTHITTA DIST-689645

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BY SRI.GEORGE BOBAN, SC, K.S.H.B.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 2907/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P1:TRUE COPY OF THE JUDGMENT IN OS 34 OF 2009 BEFORE THE SUB COURT, THIRUVALLA DTD 23/3/2009

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EXT.P2:TRUE COPY OF THE EXECUTION PETITION NO 38/2010 SUBMITTED BEFORE TH SUB COURT , PATHANAMTHITTA BY THE PETITIONER.

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EXT.P3:TRUE COPY OF THE APPEAL MEMORANDUM SUBMIITED BEFORE THE DISTRICT COURT, PATHANAMTHITTA BY THE RESPONDENTS.

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RESPONDENTS' EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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OP(C) NO. 2907 OF 2012

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Dated this the 10^th day of September, 2012

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JUDGMENT

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Heard Mr. Thampan Thomas, Advocate on behalf of the petitioner and Mr. George Boban, Standing counsel on behalf of the Kerala State Housing Board.

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The only prayer in this Original Petition is to expedite the proceedings for execution of a decree for specific performance on the ground that the appeal preferred against the same by the respondents has already been returned for representation.

¶31

I direct the court of the Subordinate Judge of Thiruvalla to expedite the proceedings in E.P. No. 38/2009 in O.S. No. 34/2007 pending on its file within a period of two months from the date of receipt of a copy of this judgment. The proceedings for execution of the decree shall be taken to a logical end if there is no interdict from any appellate court in the meanwhile.

¶32

The Original Petition is disposed of.

¶33

V. CHITAMBARESH JUDGE

¶34

ncd

Joseph Philip v. Kerala State Housing Board

Case brief

What is this about?

What did the court decide?

Joseph Philip v. Kerala State Housing Board

Case brief

What is this about?

What did the court decide?

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