Original Petitioner sought challenge to the adjudication of a claim on property attached before judgment. The court dismissed the petition without prejudice to the right to appeal, noting potential applicability of the Limitation Act regarding bona fides.
Original Petition dismissed without prejudice to right to appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 29TH DAY OF OCTOBER 2012/7TH KARTHIKA 1934
OP(C).No. 3529 of 2012 (O)
OS.179/2010 of III ADDL.SUB COURT, KOZHIKODE
PETITIONER(S):
K.KOYAMASTER, AGED 62 YEARS S/O.KALLIYATH MAMMED RESIDING AT PERUMANNA AMSOM DESOM, P.O.VALAKULAM CLARI PANCHAYATH, TIRURANGADI TALUK MALAPPURAM DISTRICT.
BY ADVS.SRI.V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENT(S):
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 3529/2012
APPENDIX
PETITIONER(S) EXHIBITS
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
OP(C) NO. 3529 OF 2012
Dated this the 29th day of October, 2012
JUDGMENT
An order adjudicating a claim preferred to a property attached before judgment is under challenge in this Original Petition. The claim has obviously been adjudicated upon under Order XXXVIII Rule 8 of the Code of Civil Procedure, 1908. The procedure for adjudication of a claim to a property attached in execution of a decree for a payment of money has to be followed. Such orders are therefore appealable taking cue from Order XXI Rule 58 (4) of the Code of Civil Procedure.
V. CHITAMBARESH JUDGE
ncd
1 issue framed by the court
Whether the petitioner is barred from challenging the adjudication of a claim to attached property by limitation.
1 provisions across 1 enactments
K. Koyamaster
Chottaneetil Velamakkil Ayisha Beevi
Kodavandi Hashira
V. Chitambaresan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
