Single judge order granting an interim stay on execution of a partition suit decree and directing the appellate court to decide pending applications within three weeks.
Stay of execution of the final decree for one month; direction to Additional District Judge to dispose of applications within three weeks.
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
FRIDAY, THE 7TH DAY OF SEPTEMBER 2012/16TH BHADRA 1934
OP(C).No. 655 of 2012 (O)
EP NO. 26/2011 IN OS.99/1994 of MUNSIFF COURT,HARIPAD
PETITIONER(S):
BINDU @ JANAKI NIRMALA,, BUNGALOW PARAMPIL,ALAPUZHA NORTH ALAPPUZHA FROMMEENATHERIL,KARUVATTA VADAKKUM MURI KARUVATTA VILLAGE,ALAPUZHA.
BY ADV. M.R.SUDHEENDRAN
RESPONDENT(S):
BY ADV. SRI.G.ANANTHANARAYANAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 07-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 655/2012
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1 : A TRUE COPY OF THE FINAL DECREE DATED 31.03.2010 IN IA 718/08 IN OS NO. 99/94 OF THE MUNSIFF COURT, HARIPAD. EXHIBIT P2 : A TRUE COPY OF THE APPEAL SUIT NO. 43/2012 FILED BEFORE THE ADDITIONAL DISTRICT COURT, MAVELIKKARA. EXHIBIT P3 : A TRUE COPY OF IA NO. 151/2012 IN AS NO. 43/2012 EXHIBIT P4 : A TRUE COPY OF IA NO. 152/2012 IN AS NO. 43/2012.
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
OP(C) NO. 655 OF 2012
Dated this the 7th day of September, 2012
JUDGMENT
The only prayer in this Original Petition is for an early consideration of two interlocutory applications in an appeal suit pending and for stay of execution in the meanwhile. A.S. No. 43/2012 has been filed against the final decree in the suit for partition in O.S. No. 99/1994 on the file of the court of the Munsiff of Haripad. The appeal is supported by I.A. No. 151/2012 for condonation of delay of 602 days in filing the appeal and I.A. No. 152/2012 for stay of execution of the final decree in the suit for partition.
The Original Petition is disposed of.
V. CHITAMBARESH JUDGE
ncd
2 issues framed by the court
Whether to direct the appellate court to dispose of applications for condonation of delay and stay of execution within a specific time.
Whether to defer further proceedings for delivery of property in the appeal suit filed in the subsequent court.
BINDU @ JANAKI NIRMALA
JANAKI AMBIKA
DEVARAJAN
UNNIKISHNAN
NADARAJAN
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
