Dismissed

N.Syamalamma v. Manjusha

Kerala HC15 Feb 2016OP(C)/146/2016

Case brief

AI extract

What is this about?

The Court dismissed a prisoner's original petition challenging an Munsiff Court order dismissing a receiver application. The Court held that if properties are in police custody due to a pending criminal case, the receiver application is not maintainable.

What did the court decide?

Receiver application is held not maintainable as properties are in police custody pending criminal case; petitioner directed to approach Magistrate.

N.Syamalamma Vs Manjusha — Property and Title | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

MONDAY, THE 15TH DAY OF FEBRUARY 2016/26TH MAGHA, 1937

¶5

OP(C).No. 146 of 2016 (O)

¶6

AGAINST THE ORDER/JUDGMENT IN OS 677/2015 of PRINCIPAL MUNSIFF,ALAPPUZHA DATED

¶7

PETITIONER(S)/PETITIONER:

¶8

N.SYAMALAMMA, AGED 69 YEARS W/O DINAKARAN, PARAMBIL VEEDU, AVALOOKUNNU.P.O ARYAD SOUTH VILLAGE, AMBALAPUZHA TALUK ALAPUZHA DISTRICT.

¶9

BY ADVS.SRI.JOHN BRITTO SRI.C.A.RAJEEV

¶10

RESPONDENT(S)/RESPONDENTS:

¶11

-------------------------1. MANJUSHA, W/O LATE C.S.SUMESH, AISWARYA NIVAS, AVALOOKUNNU.P.O ALAPUZHA DISTRICT-688006.

¶12

2. ANEESH, S/O APPUKUTTAN, ANI NIVAS, AVALOOKUNNU.P.O ALAPUZHA DISTRICT-688006.

¶13

R1-R2 BY ADV. SMT.LATHA ANAND BY ADV. SRI.M.N.RADHAKRISHNA MENON BY ADV. SRI.JOSEPH SEBASTIAN (PARACKAL)

¶14

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 15-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

OP(C).No. 146 of 2016 (O)

¶16

APPENDIX

¶17

PETITIONER(S)' EXHIBITS

¶18

EXT.P1	TRUE COPY OF PLAINT IN O.S.677/15 DATED 17.7.15 FILED BEFORE THE PRINCIPAL MUNSIFF COURT, ALAPUZHA
EXT.P2	TRUE COPY OF AGREEMENT DATED 31.3.14
EXT.P3	TRUE COPY OF ORDER DATED 29.11.14 IN I.A.2884/15 IN O.S.677/15
EXT.P4	TRUE COPY OF I.A.3947/15 DATED 8.10.15 FILED FILED BY THE PETITIONER BEFORE MUNSIFF COURT,ALAPUZHA
EXT.P5	TRUE COPY OF OBJECTION DATED NIL FILED BY RESPONDENTS TO I.A.NO.3947/15 IN O.S.677/15
EXT.P6	TRUE COPY OF ORDER DATED 2.12.15 PASSED IN I.A.3947/15 IN O.S.677/15 OF THE PRINCIPAL MUNSIFF COURT,ALAPPUZHA.

¶19

RESPONDENT(S)' EXHIBITS NIL

¶20

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

//TRUE COPY//

P.A TO JUDGE

vdv

K.ABRAHAM MATHEW, J. ======================= O.P(C) No.146 of 2016

¶25

============================

¶26

Dated this the 15^th day of February, 2016

¶27

JUDGMENT

¶28

Petitioner is the plaintiff in O.S No.677 of 2015 of Principal Munsiff Court, Alappuzh in which a decree is prayed for in respect of two house boats. The petitioner filed an application to appoint a receiver for the house boats. By the impugned order

¶29

the learned Munsiff has dismissed it. This is challenged.

¶30

Heard.

¶31

The learned counsel for the petitioner submits that the properties are now in the custody of the investigating officer as a criminal case is pending in respect of the house boats. If that is so, no receiver application is maintainable in respect of those articles. So the impugned order cannot be interfered with.

¶32

In the result, this original petition is dismissed. If the properties are in the custody of the police, the interested party may file appropriate application before the learned Magistrate.

¶33

Sd/-

¶34

K.ABRAHAM MATHEW , JUDGE

¶35

vdv/15/02/16

N.Syamalamma v. Manjusha

Case brief

What is this about?

What did the court decide?

N.Syamalamma v. Manjusha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bhadrasenan Vs M/S.Nirmalyam Builders & Developers (P) Ltd.

V.Sukumaran Asari Vs Hudco Ltd.

Pramodkumar R Vs M/S. Mydeen Timbers

O.Kumari Vs Arunodayam Vayanasala

Somasundara Panicker Vs Thankamany Amma

Adarsh A.G Vs Sarika G.S