Allowed

Roy Mathew v. Kottakkadkuries Pvt.Ltd.

Kerala HC21 Oct 2015OP(C)/2542/2015

Case brief

AI extract

What is this about?

The High Court of Kerala allowed this Original Civil Petty Writ petition. The petitioner sought a direction for the trial court to decide without delay his application under Order 21 Rule 58 C.P.C, claiming that the attached property belonged to him and not the defendants.

What did the court decide?

The trial court was directed to dispose of the application under Order 21 Rule 58 C.P.C within one month from the receipt of this judgment.

Roy Mathew Vs Kottakkadkuries Pvt.Ltd. — Execution and Attachment | Kerala HC (2015)

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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 K.ABRAHAM MATHEW

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WEDNESDAY, THE 21ST DAY OF OCTOBER 2015/29TH ASWINA, 1937

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OP(C).No. 2542 of 2015 (O)

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AGAINST THE ORDER/JUDGMENT IN OS 1209/2014 of II ADDITIONAL MUNSIFF COURT, THRISSUR

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PETITIONER(S):

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1. ROY MATHEW AGED 43 YEARS

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S/O.CHATHALAN MATHEW, THRISSUR TALUK CHEMBUKKAVU VILLAGE DESOM, MUSEUM CROSS LANE CHEMBUKKAVU 680 020, RESIDING AT HOUSE NO.VI/413A THRISSUR CORPORATION.

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2. MARTIN MATHEW

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S/O.CHATHALAN MATHEW, THRISSUR TALUK CHEMBUKKAVU VILLAGE DESOM, MUSEUM CROSS LANE CHEMBUKKAVU 680 020, RESIDING AT HOUSE NO.VI/413A THRISSUR CORPORATION.

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BY ADVS.SRI.G.SREEKUMAR (CHELUR)

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SRI.K.R.ARUN KRISHNAN

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RESPONDENT(S):

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1. KOTTAKKADKURIES PVT.LTD. KUTTOOR VILLAGE, KOTTEKKADDESOM, THRISSUR TALUK REPRESENTED BY ITS MANAGER 680 001.

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2. JULY TISSERENT W/O.PADOOR CHALAKKAL TISSERENT, VELUR VILLAGE THALAPPILLY TALUK, THRISSUR DISTRICT. 680 001.

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3. TISSERENT PADOORCHALAKKAL HOUSE, VELUR VILLAGE THALAPPILLY TALUK, THRISSUR TALUK 680 001.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 2542 of 2015 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1. COPY OF THE SALE DEED NO.1416 OF 2011 EXECUTED BY THE RESPONDENTS 2 AND 3 IN FAVOUR OF PETITIONERS DATED 11.5.11.

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EXHIBIT P2. COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, VELUR DATED 18.7.14.

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EXHIBIT P3. COPY OF THE PLAINT IN OS 1207 OF 2014 BEFORE THE COURT OF MUNSIFF, THRISSUR DATED 17.2.14.

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EXHIBIT P4. COPY OF THE IA 4408 OF 2014 IN OS 1209 OF 2014 DATED 17.2.14.

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EXHIBIT P5. COPY OF THE ENCRUMBRANCE CERTIFICATE AS CONCERNING THE PROPERTY IN EXT. P1 DATED 21.7.14.

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EXHIBIT P6. COPY OF THE IA 18062 OF 2014 IN IA 4408 OF 2014 IN OS 1209 OF 2014 DATED 1.9.14.

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RESPONDENT(S)' EXHIBITS

NIL

R.AV

//TRUE COPY//

PA TO JUDGE

ABRAHAM MATHEW, J.

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- - - - - - - - - - - - - - - - - - - - - - - O.P.(C).No.2542 of 2015

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- - - - - - - - - - - - - - - - - - - - - - -

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Dated this the 21^st day of October, 2015

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J U D G M E N T

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Petitioner has filed Ext.P6 application under Order 21

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Rule 58 C.P.C claiming that the property attached by the court under Order 38 Rule 5 C.P.C in O.S.1209 of 2014 belongs to him and it cannot be attached for the debt of the defendants in the suit. His complaint is that the trial court has not even considered his application.

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Heard.

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The only request of the petitioner is to direct

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the trial court to dispose of Ext.P6 application without delay. I am satisfied that the request is reasonable.

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In the result, this O.P is allowed. The learned Munsiff

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is directed to dispose of Ext.P6 application within one month from the date of receipt or production of a copy of this judgment.

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sd/-

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K. ABRAHAM MATHEW JUDGE

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R.AV

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//True Copy//

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PA to Judge

Roy Mathew v. Kottakkadkuries Pvt.Ltd.

Case brief

What is this about?

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Roy Mathew v. Kottakkadkuries Pvt.Ltd.

Case brief

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