Dismissed

Ajayakumar v. Mulamoottil Consumer Credited Limited

Kerala HC11 Jan 2016OP(C)/2035/2015

Case brief

AI extract

What is this about?

In this original petition, the petitioner sought to set aside an executing court order dismissing his application to set aside an exparte decree in a money recovery suit. The high court held that facts did not justify setting aside the order and dismissed the petition, directing the trial court to expedite disposal.

What did the court decide?

Original petition dismissed; trial court directed to expedite disposal of petitioner's applications.

Ajayakumar Vs Mulamoottil Consumer Credited Limited — 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.ABRAHAM MATHEW

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MONDAY, THE 11TH DAY OF JANUARY 2016/21ST POUSHA, 1937

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O.P.(C).No. 2035 of 2015 (O)

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O.S.No.1925/2007 OF THE PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM

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PETITIONER:

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AJAYAKUMAR, AGED 53 YEARS, S/O. KOCHU KESAVAN, MANGALATHU VEEDU, AGASTHYACODE, ANCHAL, KOLLAM DISTRICT.

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BY ADVS.SRI.C.RAJENDRAN

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SRI.K.R.RANJITH SMT.R.S.SREEVIDYA

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RESPONDENT:

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MULAMOOTTIL CONSUMER CREDITED LIMITED, T.C. 9/1419(1), TEMPLE ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010 REPRESENTED BY THE ASSISTANT MANAGER S.RAVEENDRAN NAIR.

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R1 BY ADVS. SRI.DIPU.R

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SRI.K.S.BAIJU SMT.DHANYA BABU

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 11-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P(C).No. 2035 of 2015 (O)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1-	COPY OF THE EXPARTE JUDGMENT DATED 17-07-2008 IN O.S.No.1925/2007 OF THE PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM
EXHIBIT P2-	COPY OF THE EXECUTION PETITION E.P.NO.54 OF 2010 BEFORE THE MUNSIFF COURT, PUNALUR.
EXHIBIT P3-	COPY OF THE I.A.NO. 197 OF 2015 TO SET ASIDE EXPARTE DECREE.
EXHIBIT P4-	COPY OF THE PETITION I.A.NO. 198 OF 2015 FOR CONDONING THE DELAY.
EXHIBIT P5-	COPY OF THE E.A.NO.5 OF 2015 IN E.P.NO. 54 OF 2010 BEFORE THE MUNSIFF COURT, PUNALUR.
EXHIBIT P6-	COPY OF THE ORDER DATED 20-03-2015 IN EA 5/15 IN EP 54/2010 OF THE MUNSIFF COURT, PUNALUR

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P A TO JUDGE

MJL

K.ABRAHAM MATHEW, J.

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O.P.(Civil) No.2035 of 2015

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

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Dated this the 11^th day of January, 2016

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J U D G M E N T

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The Petitioner was the defendant in O.S.No.1925/2007. The

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suit was for recovery of money. A decree for realisation of Rs.17,487/- was passed in favour of the respondent. The respondent has filed E.P.54/2010. After 7 years of the passing of the decree and 5 years of the filing of the E.P., the petitioner has filed an application to set aside the exparte decree along with an application to condone the delay. The application filed by him to stay the execution of the decree was dismissed by the executing court. The prayer in this Original Petition is to set aside the said order and stay the execution of the decree till the disposal of the application to set aside the exparte decree.

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Heard the learned counsel on either side.

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The facts of the case do not justify passing an order in

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favour of the petitioner. I do not find anything wrong in the order passed by the executing court.

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O.P.(Civil) No.2035 of 2015

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The Original Petition is dismissed. The trial court shall try

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to expedite disposal of the application filed by the petitioner.

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Sd/- K.ABRAHAM MATHEW, JUDGE

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MJL

Ajayakumar v. Mulamoottil Consumer Credited Limited

Case brief

What is this about?

What did the court decide?

Ajayakumar v. Mulamoottil Consumer Credited Limited

Case brief

What is this about?

What did the court decide?

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