Allowed

C.L.Venkitachalam v. C.L.Radhakrishnan

Kerala HC20 Jul 2016OP(C)/2036/2013

Case brief

AI extract

What is this about?

Petitioner challenged an order in execution proceedings. The High Court held that having settled, the matter requires disposal by the lower court. Thus, the impugned order was set aside, and the appeal was allowed with the matter remitted to the Munsiff's Court for fresh disposal in accordance with the compromise.

What did the court decide?

Order under E.A.No.137/2013 set aside; matter remitted to Magistrate for disposal in accordance with law.

C.L.Venkitachalam Vs C.L.Radhakrishnan — Civil Procedure and Limitation | 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.RAMAKRISHNAN

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WEDNESDAY, THE 20TH DAY OF JULY 2016/29TH ASHADHA, 1938

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OP(C).No. 2036 of 2013 (O)

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-------------------------(E.A.NO.137/2013 IN E.P.NO.234/2008 IN OS 290/2005 OF PRL.MUNSIFF COURT, PALAKKAD)

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---------

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PETITIONER:

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C.L.VENKITACHALAM, S/O.LATE LAKSHMINARAYANA KOUNDER,AGED 63 YEARS, KESAVA FARM, KANJIKODE, PUDUSSRY CENTRAL VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT.

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BY ADVS.SRI.BINOY VASUDEVAN SRI.R.MANIKANTAN SMT.P.G.BABITHA

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RESPONDENTS:

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1. C.L.RADHAKRISHNAN, S/O.LATE LAKSHMINARAYANA KOUNDER,

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RESIDING AT NO 97, WEST PERIYASWAMY ROAD, R.S.PURAM, COIMBATORE-641 001

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2. VALSALA, W/O.THANKAVELU, RESIDING AT NO. 36, UNION BANK ROAD, 2ND STREET, PERIYANAIKKAN PALAYAM, COIMBATORE, PIN-641 001

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3. RANGANAYAKI, W/O.KANNAPPAN, RESIDING AT NO.91, RAMACHANDRA ROAD,

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R.S PURAM, COIMBATORE-641 001

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4. CHITHRA, W/O.PADMANABHAN, RESIDING AT NO.1/188, SELVAPURAM, KOVILPALAYAM, POLLACHI-642 001

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*5. C.L.GOPALAKRISHNAN, S/O.LATE LAKSHMINARAYANA KOUNDER,

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KESAVA FARM, KANJIKODE, PALAKKAD-678 101 (DELETED)

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2/-

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-2-

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OP(C).NO.2036/2013

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*6. C.L.PARANTHAMAN, S/O.LATE LAKSHMINARAYANA KOUNDER, KESAVA FARM, KANJIKODE, PALAKKAD-678 101 (DELETED)

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*R5 AND R6 DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 19/7/2016 IN IA.NO.893/2016.

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R1 BY ADVS. SRI.T.C.SURESH MENON

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SRI.P.S.APPU R2 & R3 BY ADVS. SRI.M.P.RAMNATH SRI.P.RAJESH (KOTTAKKAL) SMT.UMA R.KAMATH

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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OP(C).No. 2036 of 2013 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1:-	TRUE COPY OF THE PLAINT IN OS NO.290/2005
EXT.P2:-	TRUE COPY OF THE JUDGMENT IN OS.NO.290/2005
EXT.P3:-	TRUE COPY OF THE DECREE IN OS NO.290/2005
EXT.P4:-	TRUE COPY OF THE EP NO.234/2008 FILED BY THE PETITIONER
EXT.P5:-	TRUE COPY OF JUDGMENT IN OPC. NO.2673/2011
EXT.P6:-	TRUE COPY OF THE E.A NO.116/2013
EXT.P7:-	TRUE COPY OF THE E.A NO.121/2013
EXT.P8:-	TRUE COPY OF THE COMMON ORDER IN EA NO.116/2013 AND EA NO.121/2013
EXT.P9:-	TRUE COPY OF THE EA NO.137/2013
EXT.P10:-	TRUE COPY OF THE OBJECTION TO EXHIBIT P9
EXT.P11:-	TRUE COPY OF THE ORDER IN EA NO.137/2013

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RESPONDENT(S)' EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

K.RAMAKRISHNAN, J.

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O.P.(C). No.2036 of 2013

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Dated this the 20^th day of July, 2016

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JUDGMENT

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The matter has been settled between the parties and they filed a compromise before this court. The E.P. is still pending before the court below. The above original petition was filed, challenging the order in E.A.No.137/2013 in E.P.No.234/2008 in O.S.No.290/2005 on the file of the Munsiff's Court, Palakkad. Since the matter has been settled and execution proceedings are still pending, final orders can be passed only by that court. So the order passed in E.A.No.137/2013 in E.P.No.234/2008 in O.S.No.290/2005 pending before the Principal Munsiff's Court, Palakkad is set aside and the matter is remitted to the court below for fresh disposal in accordance with law. Office is directed to send the compromise filed before this court along with judgment to the court below for passing appropriate orders on the basis of compromise in accordance with law.

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With the above direction and observation the original petition is allowed and disposed of accordingly.

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Sd/- (K. Ramakrishnan, Judge)

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//True Copy//

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P.A. to Judge

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C.L.Venkitachalam v. C.L.Radhakrishnan

Case brief

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C.L.Venkitachalam v. C.L.Radhakrishnan

Case brief

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