Disposed

Krishnankutty v. Arunkumar

Kerala HC10 Jul 2012OP(C)/3680/2011

Case brief

AI extract

What is this about?

High Court of Kerala disposed of an original civil petition regarding return of property. It directed the subordinate court to decide execution applications for redelivery and injunction within six weeks and continued an interim restraint order against alienation.

What did the court decide?

Directed trial court to dispose of redelivery and injunction applications within six weeks; continued interim restraint against alienation.

Krishnankutty Vs Arunkumar — 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 10TH DAY OF JULY 2012/19TH ASHADHA 1934

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OP(C).No. 3680 of 2011 (O)

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OS.497/2006 of PRL.SUB COURT,TRIVANDRUM

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PETITIONER(S):

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1. KRISHNANKUTTY, AGED 53 YEARS, S/O.KUMARASWAMY CHETTIAR, KULANGARA PUTHEN VEEDU AMBALAMUKKU, PEROORKADA P.O,THIRUVANANTHAPURAM.

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2. OMANA, AGED 49 YEARS, W/O.KRISHNANKUTTY, KULANGARA PUTHEN VEEDU AMBALAMUKKU, PEROORKADA,THIRUVANANTHAPURAM.

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BY ADVS.SRI.D.KISHORE

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SMT.MINI GOPINATH

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RESPONDENT(S):

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1. ARUNKUMAR, S/O. CHITHAMBARAM AYILYAM, VP 4/1230, PUTHOORKONAM MANIKANTESWARAM P.O., THIRUVANANTHAPURAM-695 013.

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2. PROF.B.LEELA THANKACHAN, W/O.P.THANKACHAN, FLAT NO.F4, GOPIKA PRS ENCLAVE, JAGATHY NEAR CARMEL SCHOOL THYCAUD P.O., THIRUVANANTHAPURAM-695 014.

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3. PHILIPE JOSEPH PUTHENCHIRA,S/O.JOSEPH, TC.28/1515, THAKARAPARAMBU, FORT P.O. THIRUVANANTHAPURAM-695 001.

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R3 BY ADV. SRI.TPM.IBRAHIM KHAN (SR.) R3 BY ADV. SRI.K.M.ABDUL MAJEED R1 BY ADV. SRI.T.K.VIPINDAS BY ADV. SMT.P.K.PRIYA BY ADV. SRI.K.V.SREE VINAYAKAN BY ADV. SRI.K.M.MUHAMMED HUSSAIN

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 10-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 3680 of 2011 (O)

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APPENDIX

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PETITIONERS EXHIBITS

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P1 COPY OF THE SALE DEED DATED 23-09-2006

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P2 COPY OF THE PLAINT IN O.S. 497/2006

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P3 COPY OF THE JUDGMENT DATED 24-3-2007 IN O.S. NO. 479/2006 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM

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P4 COPY OF THE E.P 464/07 IN O.S. NO.497/06 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM

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P5 COPY OF THE AFFIDAVIT AND PETITION IN E.A. 651/2011 IN E.P 464/07 IN O.S. 497/2006

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P6 COPY OF THE AFFIDAVIT AND PETITION IN EA 656/2011 IN E.P 464/07 IN O.S.497/2006

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P7 COPY OF THE AFFIDAVIT AND PETITION IN EA 653/2011 IN E.P 464/07 IN O.S 497/2006

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P8 COPY OF THE ORDER DATED 3-10-2011 IN EA 651/2011 IN E.P 464/07 IN O.S 497/06 OF THE PRINCIPAL SUB COURT THIRUVANANTHAPURAM

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P9 COPY OF THE REPORT OF DELIVERY SUBMITTED BY THE AMIN IN E.A 186/2011 IN E.P 464/07 IN O.S. 497/2006 OF PRINCIPAL SUB COURT,

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THIRUVANANTHAPURAM

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P10 COPY OF THE SALE CERTIFICATE ISSUED BY THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM

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P11 COPY OF THE AFFIDAVIT AND PETITION IN E.A. 769/11 IN E.P 464/07 IN O.S.497/06 OF PRINCIPAL SUB COURT, THIRUVANTHAPURAM

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P12 COPY OF THE AFFIDAVIT AND PETITION IN EA 770/11 IN E.P 464/07 IN O.S 497/06 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM

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OP(C).No. 3680 of 2011 (O) --2--

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RESPONDENTS EXHIBITS NIL TRUE COPY

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P.A. TO JUDGE

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SMM

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V.CHITAMBARESH,J.

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= = = = = = = = = = =

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O.P(C) No.3680 of 2011

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= = = = = = = = = = = == = = = = Dated this the 10^th day of July, 2012

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J U D G M E N T

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E.A No.769/2011 in E.P No.464/2007 in O.S No.497/2006

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on the file of the Court of the Principal Subordinate Judge of Thiruvananthapuram has been filed for redelivery of the property under Order XXI Rule 99 of the Code of Civil Procedure. E.A No.770/2011 in E.P No.464/2007 in O.S No.497/2006 on the file of the same Court is filed for injunction pending E.A No.769/2011 under Order XXXIX Rule 1 of the Code of Civil Procedure.

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The Court of the Principal Subordinate Judge of Thiruvananthapuram is directed to dispose of E.A Nos.769/2011 and 770/2011 aforesaid in accordance with law within a period of six weeks from the date of receipt of a copy of this judgment. The interim order of restraint against alienation passed by this Court in this original petition at the time of admission would continue till E.A Nos.669/2011 and 770/2011 are disposed of as directed above.

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O.P(C) No.3680 of 2011

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The Original Petition is disposed of as above.

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V.CHITAMBARESH. JUDGE

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smm

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O.P(C) No.3680 of 2011 3

Krishnankutty v. Arunkumar

Case brief

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Krishnankutty v. Arunkumar

Case brief

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