Petitioner sought stay of execution proceedings to allow pending appeal restoration. Court stayed execution pending District Court's decision on delay condonation and restoration applications, directing expedited disposal.
Execution proceedings in E.P.No.53/2015 kept in abeyance; District Court directed to dispose pending applications expeditiously.
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
TUESDAY, THE 26TH DAY OF JULY 2016/4TH SRAVANA, 1938
OP(C).No. 1737 of 2016 (O)
EP.NO.53/2015 IN OS 162/2011 of SUB COURT, TIRUR
PETITIONER(S):
ABDURAHEEM, S/O.HAMZA, AGED 40 YEARS, VENKADATHIYIL HOUSE, THARAYIL, THENNALA AMSOM, DESOM, TIRURANGADI, MALAPPURAM DISTRICT.
BY ADV. SRI.R.RANJITH (MANJERI)
RESPONDENT(S):
MUHAMMED THAHA, S/O.HAMZA THONDALI HOUSE, WEST BAZAAR, THENNALA AMSOM, DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT, PIN-676 306.
BY ADVS. SRI.K.P.SUDHEER SRI.ARUN MATHEW VADAKKAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
OP(C).No. 1737 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
K.RAMAKRISHNAN, J.
O.P.(Civil) No.1737 of 2016
Dated this the 26th day of July, 2016
JUDGMENT
This petition is filed by the petitioner for speedy disposal of I.A.No.1097/2016 pending before the District Court, Manjeri and direct the Sub Court, Tirur, to keep the further proceedings in E.P.No.53/2015 in O.S.No.162/2011 in abeyance till that period under Article 227 of the Constitution of India.
O.P.(Civil) No.1737 of 2016
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him the execution court is proceeding the execution and if it is allowed to be proceeded with, the appeal will become infructuous. Hence this petition.
O.P.(Civil) No.1737 of 2016
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petitioner filed an appeal against that decree and judgment not in time but with a delay condonation application to condone the delay of more than one year as I.A.No.1769/2015 in unnumbered A.S...../2015 before the District Court, Manjeri and that application was dismissed for default for not taking steps by the petitioner. It is also an admitted fact that he filed I.A.No.1097/2016 before the District Court, to restore I.A.No.1769/2015 and according to the counsel for the respondent it was also filed with a delay condonation application. In the mean time, the respondent filed E.P.No.53/2015 before the Sub Court, Tirur, for executing the decree in O.S.No.162/2011.
O.P.(Civil) No.1737 of 2016
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respondent.
i. Both parties are directed to appear before the District Court, Manjeri in I.A.No.1097/2016 in I.A.No.1769/2015 in unnumbered A.S..../2015 pending before the District Court, Manjeri on 17.8.2016.
ii. The counsel for the petitioner is directed to serve a copy of I.A.No.1097/2016 and also delay condonation application if any filed along with that application and also I.A.No.1769/2015 along with the appeal memorandum before the date on which the case is now posted for their appearance, so that the respondent can file their objection to the restoration application.
iii. The court below is directed to expedite disposal of these applications within one month from the date of receipt of this judgment or the date on which the case is
O.P.(Civil) No.1737 of 2016
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posted for the appearance of the parties before that court namely on 17.08.2016 which ever is later.
iv. Till then the further proceedings in E.P.No.53/2015 in O.S.No.162/2011 pending before the Sub Court, Tirur is directed to be kept in abeyance.
v. If the District Judge condones the delay and appeal is admitted, then that court is also directed to consider and dispose of the stay application pending after hearing both sides without delay.
With the above direction and observation the petition is disposed of. Registry is directed to communicate this order to the concerned courts (District Court, Manjeri and Sub Court, Tirur) immediately by fax
Sd/- (K. Ramakrishnan, Judge)
//True Copy//
P.A. to Judge
ss
1 issue framed by the court
Whether the execution petition pending before the Sub Court, Tirur should be kept in abeyance pending the disposal of restoration and appeal condonation applications before the District Court, Manjeri
1 provisions across 1 enactments
Abduraheem, S/O.Hamza
Muhammad Thaha, S/O.Hamza
K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
