Dismissed

Bhaskaran.a v. Thanka

Kerala HC10 Sept 2013OP(C)/2634/2013

Case brief

AI extract

What is this about?

The High Court of Kerala discharged an original petition seeking a certified copy of an execution order and a stay of further proceedings. The court found that the certified copy had been received after a reported delay caused by a faulty photocopier, noting that no further orders were called for.

What did the court decide?

The original petition was closed as no further orders were called for after the petitioner reported receiving the certified copy.

Bhaskaran.a Vs Thanka — Execution and Attachment | Kerala HC (2013)

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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 P.N.RAVINDRAN

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FRIDAY, THE 2ND DAY OF AUGUST 2013/11TH SRAVANA, 1935

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OP(C).No. 2634 of 2013 (O)

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--------------------------EP. NO.455/2011 IN O.S. NO.674/1988 OF PRINCIPAL MUNSIFF COURT, PALAKKAD

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PETITIONERS/JUDGMENT DEBTORS NO.3, 2, 4 & 5/LRS OF THE DEFENDANT:

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1. BHASKARAN. A., S/O LATE ARUMUGHAN, KUNDUMARAPURA, KADUKKAMKUNNAM AMSOM AND POST, PALAKKAD TALUK.

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2. RAMAKRISHNAN A., S/O LATE ARUMUGHAN, KUNDUMARAPURA, KADUKKAMKUNNAM AMSOM AND POST, PALAKKAD TALUK.

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3. SAROJINI, W/O. BALAN, D/O. LATE ARUMUGHAN, KUNDUMARAPURA, KADUKKAMKUNNAM AMSOM AND POST, PALAKKAD TALUK, RESIDING AT KAVATHU VEEDU, CHEMMANNAMKADU, VILAYODI, THEKKEGRAMAM P.O., CHITUR, PALAKKAD DISTRICT.

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4. INDIRA DEVI, W/O. CHANDRAN, D/O LATE ARUMUGHAN, KUNDUMARAPURA, KADUKKAMKUNNAM AMSOM AND POST, PALAKKAD TALUK, RESIDING AT VADAKKANPATTIL VEEDU, NEELIKKADU, PUDUSSERY P.O., PALAKKAD DISTRICT.

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BY ADVS.SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P

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RESPONDENT/DECREE HOLDER/PLAINTIFF:

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THANKA, W/O. LATE PONNU, D/O. MAYANKUTTY, AYALAMPURA, KADUKKAMKUNNAM AMSOM AND POST, PALAKKAD-678 005.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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OP(C).No. 2634 of 2013 (O)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1: TRUE COPY OF THE JUDGMENT DATED 22.09.2003 PASSED IN A.S.NO.201/1999 ON THE FILE OF DISTRICT COURT, PALAKKAD.

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EXHIBIT P2: TRUE COPY OF THE E.P.NO.455/2011 IN O.S.NO.674/1988 ON THE FILE OF PRINCIPAL MUNSIFF'S COURT, PALAKKAD.

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EXHIBIT P3: TRUE COPY OF THE OBJECTION FILED IN EXT.P2.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.A. TO JUDGE.

rs.

P. N. RAVINDRAN, J

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O.P.(Civil) No.2634 of 2013

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Dated this the 2^nd Day of August, 2013

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J U D G M E N T

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The prayer in this original petition is for an order directing the Court of the Principal Munsiff of Palakkad to issue a certified copy of the order dated 22.06.2013 in E.P. No.455 of 2011 in O.S. No.674 of 1988 to the petitioners within a time limit to be fixed by this Court and to stay all further proceedings pursuant to the said order until the certified copy is issued and for a period of one week thereafter.

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When the matter came up for hearing before me on 31.07.2013, the registry was directed to get details regarding the copy application. The registry has reported that though a copy application was filed on 24.06.2013 and as notified the petitioners have produced the necessary stamps on 04.07.2013, on account of a faulty photo copier, the copy could not be given, that copies have been taken from another photo copier pursuant to the directions issued by the District Court and copies will be served on the parties without delay. When this original petition came up for hearing today, Sri. Sajan Vargheese, the learned counsel for the petitioner submitted that certified copy of the order has been received. Such being the situation I am of the opinion that no further orders are called for in this original petition. The original petition is accordingly

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O.P.(Civil) No.2634 of 2013 2

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closed, reserving liberty with the petitioner to challenge the order passed by the execution court on 22.06.2013 in E.P.No.55 of 2011

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in O.S. No.674 of 1998 in other appropriate proceedings.

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Sd/- P. N. RAVINDRAN, JUDGE.

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Bhaskaran.a v. Thanka

Case brief

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Bhaskaran.a v. Thanka

Case brief

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