Petitioner sought to stay execution proceedings pending issuance of a carbon copy. The High Court of Kerala dismissed the petition as infructuous, noting that the carbon copy had already been issued by the lower court on 2.11.2016.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 18TH DAY OF NOVEMBER 2016/27TH KARTHIKA, 1938
OP(C).No. 2658 of 2016 (O)
EP.NO.61/2014 IN OS.NO.723/2012 OF MUNSIFF'S COURT, WADAKANCHERY
PETITIONER(S):
ANAND KUMAR K., AGED 56 YEARS, S/O.KESAVAN NAIR, PALLISHERI HOUSE, KARUMATHRA, THALPALLI, THRISSUR-680021.
BY ADV. SRI.B.RAMACHANDRAN
RESPONDENT(S):
KOUSTOBHAM FINANCE AND KURIES PVT.LTD. VMC COMPLEX, KUMARANALLUR-680590, REPRESENTED BY ITS MANAGING DIRECTOR.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
OP(C).No. 2658 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1 - COPY OF THE EP.61/14 IN OS.723/12 DATED 5/11/13 EXT.P2 - COPY OF OBJECTION DATED 11/6/14 OF THE PETITIONER AND TO OTHER JUDGMENT DEBTOR EXT.P3 - COPY OF PROOF AFFIDAVIT DATED 15/6/15 FILED BY THE RESPONDENT.
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
K. RAMAKRISHNAN, J.
O.P.(C).No.2658 of 2016
Dated this the 18th day of November, 2016.
JUDGMENT
This is a petition filed by the petitioner to keep the execution proceedings in EP.No.61/2014 in OS.No.723/2012 of Munsiff Court, Wadakanchery in abeyance till the carbon copy is issued.
This court has directed the court below to issue carbon copy within a time limit. A report has been received stating that the carbon copy has been issued on 2.11.2016. The prayer in this petition has become infructuous. So the petition is dismissed as infructuous.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl
/true copy/
P.S to Judge
1 issue framed by the court
Whether to keep execution proceedings in abeyance pending issuance of a carbon copy.
ANAND KUMAR K.
KOUSTOBHAM FINANCE AND KURIES PVT.LTD.
K. RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
