Disposed

Ajithkumar v. Krishnankutty Nair

Kerala HC7 Jul 2016OP(C)/1642/2016

Case brief

AI extract

What is this about?

Passing final orders in an original civil petition, the High Court of Kerala at Ernakulam ordered the Principal Sub Court, Palakkad, to dispose of petitions seeking to set aside the ex parte decree and condone the delay within two weeks, and adjourned execution proceedings till then.

What did the court decide?

Adjournment of execution proceedings; Direction to subordinate court to dispose of pending petitions within two weeks.

Ajithkumar Vs Krishnankutty Nair — Execution and Attachment | Kerala HC (2016)

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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.HARILAL

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THURSDAY, THE 7TH DAY OF JULY 2016/16TH ASHADHA, 1938

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OP(C).No. 1642 of 2016 (O)

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IA NO. 1859/2016 AND IA NO. 1860/2016 IN OS NO. 419/2008 OF PRINCIPAL SUB COURT, PALAKKAD.

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PETITIONER :

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AJITHKUMAR

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S/O. KESAVANKUTTY NAIR, AGED 56 YEARS, CHILLITHODI HOUSE, EZHAKKAD AMSOM, PALAKKAD TALUK.

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BY ADVS.SRI.RAJESH SIVARAMANKUTTY SMT.RASHMI PATHIYIL

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RESPONDENT :

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KRISHNANKUTTY NAIR S/O. NARAYANAN NAIR, KUMMANATTU HOUSE, NAGARIPURAM, MANNUR, PALAKKAD DISTRICT.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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OP(C).No. 1642 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXT. P1 TRUE COPY OF E.P.NO.264/2013 IN O.S. NO.419/2008 ON THE FILE OF SUB COURT, PALAKKAD.

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EXT. P2 TRUE COPY OF PETITION AND AFFIDAVIT IN I.A.NO.1859/2016 IN O.S NO.419/2008 ON THE FILE OF SUB COURT, PALAKKAD.

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EXT. P3 TRUE COPY OF PETITION AND AFFIDAVIT AS I.A.NO.1860/2016 IN OS. NO.419/2008 ON THE FILE OF SUB COURT, PALAKKAD.

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RESPONDENT(S)' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

K.HARILAL, J.

O.P.(C). No.1642 of 2016

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Dated this the 7^th day of July, 2016

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JUDGMENT

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~ ~ ~ ~ ~

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The petitioner seeks a direction for an early disposal of the petition seeking to set aside the ex parte decree and to condone the delay in filing the same and to keep in abeyance the execution proceedings till then. The petitioner is the defendant in O.S.No.419/2008 on the files of the Principal Sub Court, Palakkad filed by the respondent herein as well as the Judgment Debtor in E.P. No.264/2013 filed therein. The ex parte decree passed against the petitioner is sought to be executed in E.P. No.264/2013 filed therein. The petitioner filed Ext.P2 petition to condone the delay in filing the petition to set aside the ex parte decree and Ext.P3 petition to set aside

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the ex parte decree passed against him in O.S. No.419/2008. The grievance of the petitioner is that if

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OP(C).1642/16 :2:

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the ex parte decree is allowed to be executed in the aforesaid execution petition before the disposal of Exts.P2 & P3, the petitioner will be put to irreparable injury and great loss.

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Heard the learned counsel for the petitioner.

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Having regard to the substance in the grievance highlighted by the petitioner in this original petition, the Principal Sub Court, Palakkad is directed to consider and pass orders on Exts.P2 & P3 at the earliest, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment and the proceedings in the execution petition will stand adjourned till the disposal of Exts.P2 & P3.

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This original petition is disposed of.

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Sd/-

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K. HARILAL, JUDGE

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okb.

Ajithkumar v. Krishnankutty Nair

Case brief

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Ajithkumar v. Krishnankutty Nair

Case brief

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