This Original Petition filed by the petitioner in Debt Recovery Tribunal, Ernakulam was disposed of by directing the Tribunal to pass final orders in the pending Appeal No.40/2009 within one month.
Direction to the Debt Recovery Tribunal to pass final orders in Appeal No.40/2009 within one month.
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 11TH DAY OF OCTOBER 2013/19TH ASWINA, 1935
OP (DRT).No. 1270 of 2010 (O)
AGAINST THE ORDER IN OA 71/2002 of DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER(S)/PETITIONER:
THOMAS ANTONY, S/O.LATE ANTONY MATHEW, KOLLAMKULAM HOUSE, THAMPALAKAD P.O., KANJIRAPPALLY, A MENTALLY SICK PERSON, REP. BY HIS SISTER MARY ABRAHAM, W/O. ITTIYAVIRAH ABRAHAM AND D/O. LATE ANTONY MATHEW, RESIDING AT 10A JC 1 TOWER, MUTTAMBALAM P.O., KANJIKUZHI.
BY ADVS.SRI.GEORGE THOMAS (MEVADA)(SR.) SRI.PEARSON S.FERNANDEZ
RESPONDENT(S):
R,R1 BY ADV. SRI.SAJI.P.JOSEPH R,R1 BY ADV. SMT.G.MINI (PALATH) R,R4 BY ADV. SRI.V.V.SIDHARTHAN (SR.) R,R4 BY ADV. SRI.D.G.VIPIN R,R4 BY ADV. SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY R3 BY ADV. GOVERNMENT PLEADER SRI.T.K.SHAIJ RAJ. R BY SRI.N.RAJAGOPALAN NAIR R BY SRI.N.RAJAGOPALAN NAIR
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY HEARD ON 11-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN O.P (DRT) NO.1270 OF 2010
PETITIONER(S) EXHIBITS
| EXHIBIT P1 | : TRUE COPY OF THE SETTLEMENT DEED NO.1002/1958 OF KANJIRAPPALLY SRO, EXECUTED BY THE FATHER OF THE PETITIONER. |
|---|---|
| EXHIBIT P2 | : TRUE COPY OF THE OP (MH) 146/10 UNDER THE MENTAL HEALTH ACT BEFORE THE HON'BLE DISTRICT COURT, KOTTAYAM. |
| EXHIBIT P3 | : TRUE COPY OF THE CLAIM PETITION I.A.NO.1518/09 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. |
| EXHIBIT P4 | : TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT DATED 22.9.2009 IN I.A.NO.1818/2009 IN DRC 1503/OBC/EKM. |
| EXHIBIT P5 | : TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO.26799/09 DATED 24/9/2009. |
| EXHIBIT P6 | : TRUE COPY OF THE LETTER DATED 15.11.2007 ISSUED BY THE HON'BLE TALUK LAND BOARD KANJIRAPPALLY TO THE FIRST RESPONDENT. |
| EXHIBIT P7 | : TRUE COPY OF THE PETITION IA.2714/2010 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. |
| EXHIBIT P7(a) | : TRUE COPY OF THE PETITION I.A.NO.2712/2010 FILED BY THE PETITIONER. |
| EXHIBIT P8 | : TRUE COPY OF THE ORDER IN I.A.NO.2714/2010 DT. 11.10.2010 OF THE SECOND RESPONDENT. |
| EXHIBIT P8(a) | : TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT DATED 11/10/2010 IN I.A.NO.2712/2010 IN DRC.1503/OBC/EKM. |
| EXHIBIT P9 | : TRUE COPY OF THE ORDER DATED 29/1/2010 PASSED BY THE HON'BLE DEBT RECOVERY TRIBUNAL ERNAKULAM IN I.A.NO.2625/2009 IN O.A.NO.71/2002. |
| EXHIBIT P10 | : A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT NO.2 IN W.P.(C) NO.26799 OF 2009 BEFORE THIS HON'BLE HIGH COURT. |
| EXHIBIT P11 | : A TRUE COPY OF THE JUDGMENT IN O.S.200/08 DATED 18.12.2010 OF THE COURT OF SUB JUDGE, PALA. |
| EXHIBIT P12 | : A TRUE COPY OF THE SUIT O.S.NO.9/2011 BEFORE THE HON'BLE MUNSIFF COURT, KANJIRAPPALLY. |
| EXHIBIT P14 | : TRUE COPY OF THE ORDER OF THE HON'BLE DISTRICT COURT, KOTTAYAM DT. 13/4/12 IN OP (MH) 146/10 |
| EXHIBIT P15 | : TRUE COPY OF THE OFFER LETTER DT. 11/11/11 SUBMITTED TO THE FIRST RESPONDENT. |
OP(DRT) No.1270/2010 : 2 :
RESPONDENT(S) EXHIBITS
NIL.
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
O.P (DRT) No.1270 of 2010
Dated this the 11th day of October, 2013
J U D G M E N T
The claim put forth by the petitioner in this original petition is also the subject matter of Appeal No.40/2009 on the file of the Debts Recovery Tribunal, Ernakulam. The said appeal arises out of Ext.P4 order dismissing the claim petition put in by the petitioner.
The Original Petition is disposed of.
V.CHITAMBARESH, Judge.
nj.
1 issue framed by the court
Whether to dispose of the Original Petition pending the final outcome of Appeal No.40/2009.
Thomas Antony, Rep. by his sister Mary Abraham
Oriental Bank of Commerce
The Recovery Officer, Debt Recovery Tribunal, Ernakulam
The Taluk Land Board, Kanjirapally
P.J. Chacko
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
