The High Court dismissed a petition seeking abeyance of execution proceedings on the ground that the prayer had become infructuous, as the carbon copy required had already been issued.
No relief granted; the petition was dismissed as infructuous.
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
FRIDAY, THE 18TH DAY OF NOVEMBER 2016/27TH KARTHIKA, 1938
OP(C).No. 2675 of 2016 (O)
EP.NO.53/2014 IN OS.NO.711/2012 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):
KAUSTHABHAM FINANCE AND KURIES PVT. LTD. VMC COMPLEX, KUMARANALLUR-680590, REPRESENTED BY ITS MANAGING DIRECTOR.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 18-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
OP(C).No. 2675 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1 - COPY OF THE EP.53/14 IN OS.711/12 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.2675 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.53/2014 in OS.No.711/2012 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 3.11.2016. 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 the petition to keep execution proceedings in abeyance should be allowed given the carbon copy was issued.
Anand Kumar.K
Kausthabham Finance and Kuries Pvt. Ltd.
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
