Dismissed

Asha Abdul Jabbar v. Viswambaran

Kerala HC5 Sept 2016OP(C)/1943/2016

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Article 227 seeking issuance of carbon copies of an order from the subordinate court due to non-compliance. The court obtained a compliance report showing copies were issued. Finding the prayer infructuous, the petition was dismissed and interim order vacated.

What did the court decide?

The prayer for carbon copies is accepted as fulfilled; therefore, the writ petition is dismissed as infructuous.

Asha Abdul Jabbar Vs Viswambaran — Civil Procedure and Limitation | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

¶4

MONDAY, THE 5TH DAY OF SEPTEMBER 2016/14TH BHADRA, 1938

¶5

OP(C).No. 1943 of 2016 (O)

¶6

EA.996/2015 IN EP.28/2014 IN OS.246/2011 OF PRINCIPAL SUB COURT, ERNAKULAM, DATED 6/8/2016

¶7

PETITIONER(S)/PETITIONER:

¶8

ASHA ABDUL JABBAR, AGED 37 YEARS, D/O.ABDUL JABBAR, VALIYAVEETTIL HOUSE, H.M.T JUNCTION, KALAMASSERY P.O, ERNAKULAM 683 104.

¶9

BY ADVS.SRI.S.ARAVIND

¶10

SRI.V.SRI NATH

¶11

RESPONDENT(S)/DECREE HOLDER:

¶12

1. VISWAMBARAN, S/O.ACHUTHAN, KOZHIPILLITHARA, SOUPARNIKA, MUPPATHADAM, PARAVUR, PIN 683 110.

¶13

2. MUHAMMED AKBAR SHAJ,

¶14

AGED 45, ANAKKATTIL HOUSE, IST FLOOR, VINAYAKA HOUSE, MOOLEPADAM, KALAMASSERY, ERNAKULAM 683 104.

¶15

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

¶17

K. RAMAKRISHNAN, J.

¶18

O.P.(C).No.1943 of 2016

¶19

Dated this the 5^th day of September, 2016.

¶20

JUDGMENT

¶21

The prayer in the petition is to issue a direction to the court below to issue carbon copy of order dated 6.8.2016 in EA.No.996/2015 in EP.No.28/2014 in OS.No.246/2011 pending before the Principal Sub Court, Ernakulam under Article 227 of the Constitution of India.

¶22

The grievance of the petitioner in the petition was that though he applied for carbon copy of the order dated 6.8.2016, the same has not been issued so far and the respondents are trying to proceed with the matter. Hence this petition.

¶23

Considering he nature of relief claimed, this court felt that

¶24

the same can be disposed of by giving a direction to the court below and also a getting a report of compliance and passed the following order on 10.8.2016

¶25

“Call for a report from the Principal Sub Court, Ernakulam as to whether any carbon copy application has been filed for getting the order in EA.No.996/15 in EP.28/14 in OS.No.246/11 of that court and if so, the time required for issuing the same. However, the court below is directed to take earnest effort to comply with the carbon copy application if any filed within a period of one week. Till then, further proceedings in EP.28/14 is directed to be kept in abeyance. Post on 17.8.17”

¶26

A report has been called for on 1.9.2016 and the case

¶27

¶28

was posted to 17.8.2016. But on that day, the report has not been received and there was no representation also. Again it was posted to 19.8.2016 and interim order was extended till that date. On 19.8.2016 also, the report was not received. Again it was posted to 23.8.2016 and then to 29.8.2016 and again to 5.9.2016 as report has not been received from the court and interim order was extended from time to time. A report has been received dated 1.9.2016 from the Principal Sub Court which reads as follows:

¶29

“To get the carbon copy of the order in EA990/15 dated 6.8.2016, an application was filed on 8.8.2016 and carbon copy was issued on 16.8.2016.

¶30

The order dated 10.8.2016 passed by the Hon'ble High Court was placed before me only on 1.9.2016 by the office. The delay occasioned in submitting the report may kindly be pardoned”.

¶31

It is seen from the report that carbon copy of the order in

¶32

EA.No.990/2015 dated 6.8.2016 was filed on 8.8.2016 and it was issued on 16.8.2016. So the prayer in the petition has become infructuous. So the report is accepted and the petition is dismissed as infructuous. The interim order is vacated.

¶33

Sd/

¶34

K. RAMAKRISHNAN, JUDGE.

/true copy/

P.S to Judge

Asha Abdul Jabbar v. Viswambaran

Case brief

What is this about?

What did the court decide?

Asha Abdul Jabbar v. Viswambaran

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shyni Vs Sumamkunju

Dhanasree Vs Dhanesh

Ramakrishnan Vs Velayudhan

Vellanchola Sainaba Vs District Collector

Mini P. Vs Rajendran

Sabu Markose Vs M.v.Sumon