The High Court of Kerala, Ernakulam, disposed of a petition for directions under Article 227. It held the matter had already been disposed of by a Division Bench and directed the petitioner to seek relief from the appropriate court below.
Petition disposed without invoking Article 227 powers; petitioner directed to move the appropriate court.
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 K.RAMAKRISHNAN
THURSDAY, THE 28TH DAY OF JULY 2016/6TH SRAVANA, 1938
OP(C).No. 1697 of 2016 (O)
O.S.NO.40/2012 OF 3RD ADDITIONAL SUB COURT, ERNAKULAM.
PETITIONER:
SHEEBA RAJ, AGED 52 YEARS, W/O. VIJAYARAJAN, RESIDING AT PULIMOOTIL HOUSE, PAKKIL P.O., PAKKIL KARAYIL, NATTAKOM, KOTTAYAM-686 001.
BY ADVS.SMT.P.RANI DIOTHIMA SRI.IGNATIOUS PHILIP
RESPONDENT(S):
1. BABY PATHROSE, 70 YEARS, W/O.LATE PATHORSE, KARYAPARAMBU HOUSE, CHEMMATHU ROAD, KALOOR P.O., ELAMKULAM, COCHIN 17, PRESENTLY RESIDING AT LIG HOUSE, NO 401, GANDHI NAGAR, NORTH END, ERNAKULAM.
2. JOSEPH, S/O.LATE PATHROSE, 38/2267 KARYAPARAMBU HOUSE, CHEMMATHU ROAD, KALOOR P.O., ELAMKULAM, COCHIN-17
3. STANELY, 49 YEARS, S/O LATE PATHROSE, 38/2267 KARYAPARAMBU HOUSE, CHEMMATHU ROAD, KALOOR P.O., ELAMKULAM, COCHIN-17, PRESENTLY RESIDING AT LIG.
4. MICHAEL, S/O.LATE PATHROSE, 38/2267 KARYAPARAMBU HOUSE, CHEMMATHU ROAD, KALOOR P.O., ELAMKULAM, COCHIN 17.
5. SIMON, 52 YEARS, S/O.LATE PATHROSE, NO 11/6 (28/6) KARYAPARAMBU HOUSE, NADAMA VILLAGE, PIN-682301.
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OP(C).No. 1697 of 2016 (O)
6. MEENA ALIAS BEENA, W/O.THANKACHAN, 38/2267, KARYAPARAMBU HOUSE, CHEMMATHU ROAD, KALOOR P.O., ELAMKULAM, COCHIN-17
7. KUNJUMOL BENNY, W/O.LATE BENNY, KARYAPARAMBU HOUSE, CHEMMATHU ROAD, KALOOR P.O., ELAMKULAM, COCHIN 17, PRESENTLY RESIDNG AT LIG HOUSE NO.401, GANDHI NAGAR NORTH END, ERNAKULAM.
8. AKSHYA BENNY,13 YEARS, S/O.KUNJUMOL BENNY REPRESENTED BY THE
9. ALEENA, 7 YEARS, D/O.KUNJUMOL BENNY, REPRESENTED BY THE 7TH RESPONDENT WHO IS THE NATURAL GUARDIAN KUNJUMOL DO---DO--
SRI.M.POLY MATHAI SRI.VIMAL K.CHARLES
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C).No. 1697 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS:
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
P.S. TO JUDGE
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K.RAMAKRISHNAN, J.
---------------------------------------------- O.P. (Civil) No.1697 of 2016
Dated this the 28th day of July, 2016
JUDGMENT
This petition has been filed by the petitioner for issuing a direction to the IIIrd Additional Sub Court, Ernakulam to vacate the attachment order passed under Article 227 of the Constitution of India.
On verification of the records, it is found that O.S.No.40/2012 pending before the IIIrd Additional Sub Court, Ernakulam was withdrawn to this court and renumbered as C.S.No.1/2013 for the purpose of considering the same along with F.A.O.No.106/2012 and M.F.A.No.34/2013 and all these cases were seen disposed of by a Division Bench of this court. So under such circumstances, it is not proper for this court to pass any orders invoking the power under Article 227 of the Constitution of India in this matter. The remedy of the petitioner is to move the same court by way of an interim application and get appropriate orders from that court.
With the above observation this petition is disposed of.
Sd/- (K. Ramakrishnan, Judge)
//True Copy//
P.A. to Judge
ss
Sheeba Raj
Baby Pathrose
Joseph
Stanely
Michael
Simon
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
