Disposed

Sobhana v. Velappan

Kerala HC6 Jan 2016OP(C)/3176/2015

Case brief

AI extract

What is this about?

The court disposed of an original petition filed for disposal despite non-compliance with a deposit direction. It recorded a direction for the appellate court to decide pending appeals within six months. The interim order did not hinder execution proceedings by the executing court.

What did the court decide?

Disposal of the original petition with direction to the appellate court to dispose of appeals within six months.

Sobhana Vs Velappan — 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.ABRAHAM MATHEW

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WEDNESDAY, THE 6TH DAY OF JANUARY 2016/16TH POUSHA, 1937

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OP(C).No. 3176 of 2015 (O)

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AGAINST JUDGMENT IN O.S NO.87/2009 OF SUB COURT, NEDUMANGAD

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PETITIONER(S)/PLAINTIFF:

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-------------------------

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SOBHANA AGED 43 YEARS D/O. CHELLAMMA, KADAKKAKUNNU, THADATHARIKATHU VEEDU CHITTUVEEDU, THOLICODE VILLAGE, NEDUMANGAD THIRUVANANTHAPURAM.

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BY ADV. SRI.M.R.SARIN PANICKER

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RESPONDENT(S)/DEFENDANT:

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-------------------------

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VELAPPAN, S/O. KUNJUKRISHNA IDAVILAKATHU VEEDU MALAVARAM VINOBHANIKETHAN P.O., ARYANADU, THIRUVANANTHAPURAM.

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BY ADV. SRI.LATHEESH SEBASTIAN

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 06-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 3176 of 2015 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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-----------------------

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EXT.P1-	TRUE COPY OF THE JUDGMENT IN O.S 87/2009 ON THE FILE OF SUB COURT, NEDUMANGAD
EXT.P2-	TRUE COPY OF THE APPEAL NO. 300/14 PENDING BEFORE THE ADDL. DISTRICT COURT, THIRUVANANTHAPURAM.
EXT.P3-	TRUE COPY OF THE APPEAL NO. 300/14 PENDING BEFORE THE ADDL. DISTRICT COURT, THIRUVANANTHAPURAM.
EXT.P4-	TRUE COPY OF THE E.P. 41/14 IN O.S 87/2009 BEFORE SUB COURT, NEDUMANGAD.
EXT.P5-	TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN E.P 41/2014 IN O.S 87/2009 BEFORE THE SUB COURT, NEDUMANGAD
EXT.P6-	TRUE COPY OF THE I.A 1769/15 IN A.S 300/14 BEFORE THE ADDL. DISTRICT COURT, THIRUVANANTAPURAM.
EXT.P7-	TRUE COPY OF THE I.A. 3645/2015 IN A.S 301/2014 BEFORE THE ADDL. DISTRICT COURT, THIRUVANANTHAPURAM.
RESPONDEN ---------	T(S)' EXHIBITS NIL ---------------

//TRUE COPY//

P.A TO JUDGE

vdv

K.ABRAHAM MATHEW, J.

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

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O.P(C) No.3176 of 2015

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

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Dated this the 6^th day of January, 2016

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JUDGMENT

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The petitioner has not complied with the direction to

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deposit `60,000/-. It is submitted by the learned counsel for the petitioner that this original petition may be disposed of with a direction to the appellate court to dispose of the appeals as expeditiously as possible. I think the request is reasonable.

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In the result, this original petition is disposed of with a direction to the appellate court to dispose of the appeals within six months from the date of receipt/production of a copy of this judgment. It is made clear that the interim order passed by this Court on 23.12.2015 does not stand in the way of the executing court proceeding with the execution.

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Sd/-

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K.ABRAHAM MATHEW , JUDGE

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vdv

Sobhana v. Velappan

Case brief

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Sobhana v. Velappan

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