Single Judge order directing subordinate court to decide on pending execution application and stay delivery proceedings for one month regarding anticipated dispossession of petitioner's property.
Stay of delivery proceedings for one month; direction to dispose of execution application within three weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 12TH DAY OF SEPTEMBER 2012/21ST BHADRA 1934
OP(C).No. 2942 of 2012 (O)
EP.5/2012 in O.S.No.170 of 1996 of ADDL. SUB COURT, KANNUR
PETITIONER(S):
KAMASHI ALIAS KAMALAKSHI, AGED 70 YEARS D/O KOTTAN, RESIDING AT CHATTA HOUSE PALLIKUNNU AMSOM DESOM, P.O., PALLIKUNNU KANNUR -4.
BY ADV. SRI.M.V.AMARESAN
RESPONDENT(S):
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN O.P.(C) NO.2942 OF 2012
PETITIONER(S) EXHIBITS
EXHIBIT P3: TRUE COPY OF AFFIDAVIT FILED IN SUPPROT OF E.A.NO.104/2012.
EXHIBIT P4: TRUE COPY OF PLAINT IN O.S.378/2012 FILED BY THE PETITIONER.
EXHIBIT P5: TRUE COPYOF WRITTEN STATEMENT IN O.S.378/12.
EXHIBIT P6: TRUE COPY OF ORDER DATED 27.7.2012 PASSED BY HON'BLE SUPEREME COURT IN CONTEMPT PETITION NO.10/2012 IN SLP 11091/2007.
EXHIBIT P8: TRUE COPY OF E.P.NO.5/2012 ON THE FILE OF SUB COURT, KANNUR.
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
O.P.(C) No. 2942 of 2012 ------------------------------- Dated this the 12th day of September, 2012
J U D G M E N T
The only prayer in this original petition is for a direction to the court below to consider an execution application filed under Order XXI Rule 99 of the Code of Civil Procedure anticipating dispossession in execution of a decree to which she is not a party and for a stay of delivery in the meanwhile.
Judge of Kannur to dispose of E.A.No.105 of 2012 in E.P.No.5 of 2012 in O.S.No.170 of 1996 on its file within a period of three weeks from the date of receipt of a copy of this judgment. All further proceedings for dispossession of the petitioner from the property claimed by her shall be deferred by a period of one month from the date of receipt of a copy of this judgment.
The original petition is disposed of as above.
V.CHITAMBARESH, Judge.
nj.
1 issue framed by the court
Whether a direction to the lower court to consider a plea of anticipated dispossession and stay delivery during execution proceedings is maintainable.
1 provisions across 1 enactments
Kamashi Alias Kamalakshi
C.D. Lakshmanan
Nalam Veettil Dayaroth Kamalakshi
Nalam Veettil Dayaroth Krishnamma
P.C. Premnath
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
