Disposed

Alphonsa Mathew v. Benson Benjamin

Kerala HC6 Jan 2014OP(C)/39/2014

Case brief

AI extract

What is this about?

An original petition by a defendant seeking issuance of a certified copy of an order dismissing her petition to set aside an ex parte decree and directing abatement of execution proceedings. The High Court directed the trial court to issue the certified copy within one week and kept delivery proceedings in abeyance for three weeks.

What did the court decide?

Directed the trial court to issue a certified copy of the dismissal order within one week and kept delivery proceedings in abeyance for three weeks.

Alphonsa Mathew Vs Benson Benjamin — Execution and Attachment | Kerala HC (2014)

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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 N.K.BALAKRISHNAN

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MONDAY, THE 6TH DAY OF JANUARY 2014/16TH POUSHA, 1935

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OP(C).No. 39 of 2014 (O)

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I.A.No.2459/2013 IN OS 531/2010 of ADDL.SUB COURT, KOTTAYAM

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PETITIONER(S)/PETITIONER/DEFENDANT :-

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ALPHONSA MATHEW AGED 45 YEARS D/O.MATHEW, KOKKATTUMUNDACKAL HOUSE, PANGADA P.O. PAMPADI VILLAGE, KOTTAYAM DISTRICT.

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BY ADVS.SRI.BINOY VASUDEVAN

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SMT.P.G.BABITHA

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RESPONDENT(S)/RESPONDENT/PLAINTIFF :-

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BENSON BENJAMIN

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PLAMOOTTIL HOUSE, SEMITHERI ROAD, VADAVATHOOR P.O. KOTTAYAM - 686 001.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06-012014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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jvt

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OP(C).No. 39 of 2014 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1: TRUE COPY OF THE PLAINT IN O.S NO.531/2010.

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EXT.P2: TRUE COPY OF THE ENCUMBRANCE CERTIFICATE.

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EXT.P3: TRUE COPY OF THE PROMISSORY NOTE.

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EXT.P3(a): TRUE COPY OF THE PROMISSORY NOTE.

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EXT.P4: TRUE COPY OF THE EXPARE JUDGMENT DATED 31/5/2011 IN O.S NO.531/2010 ON THE FILE OF THE SUB COURT, KOTTAYAM.

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EXT.P5: TRUE COPY OF THE DECREE IN O.S NO.531/2010 ON THE FILE OF THE SUB COURT, KOTTAYAM.

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EXT.P6: TRUE COPY OF THE I.A NO.2459/2013 IN OS NO.531/2010 ON THE FILE OF THE SUB COURT, KOTTAYAM.

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EXT.P7: TRUE COPY OF THE I.A NO.2460/2013 OS NO.531/2010 ON THE FILE OF THE SUB COURT, KOTTAYAM.

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RESPONDENT(S)' EXHIBITS :- NIL

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//True Copy//

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P.A. To Judge

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N.K.BALAKRISHNAN, J.

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O.P.(C). No.39 of 2014

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Dated this the 6^th day of January 2014

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J U D G M E N T

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Learned counsel for the petitioner submits that the petitioner, who is the defendant in a suit for money was set exparte and an ex parte decree was passed. An application was filed to set aside the ex parte decree. But that was dismissed by the trial court on 20.12.2013. According to the petitioner, though she applied for issuance of a certified copy, that has not been served so far. In the meanwhile, the execution was proceeded with and the property attached was sold in execution. Now, the Decree Holder is taking steps to get delivery of the property. Considering all the aspects, the trial court is directed to issue certified copy of the order at the earliest, at any rate within one week from the date of production of a copy of this judgment.

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The proceedings for effecting delivery shall be kept in abeyance for a period of three weeks from today.

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This OP(C) is disposed of as above.

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Sd/-

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N.K.BALAKRISHNAN,

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J UDGE.

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Jvt

Alphonsa Mathew v. Benson Benjamin

Case brief

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What did the court decide?

Alphonsa Mathew v. Benson Benjamin

Case brief

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