Disposed

Rajesh Irahimkutty v. Santhosh

Kerala HC16 Feb 2016OP(C)/468/2016

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an original petition filed by the first defendant under Order 38 Rule 5 CPC. The petition sought directions to dispose of an attachment application against a bank account. The Court satisfied that the request was reasonable and directed disposal within three weeks.

What did the court decide?

Directed the Sub Court to dispose of the attached within-application within three weeks from receipt of this judgment.

Rajesh Irahimkutty Vs Santhosh — 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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TUESDAY, THE 16TH DAY OF FEBRUARY 2016/27TH MAGHA, 1937

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OP(C).No. 468 of 2016 (O)

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IA.257/2015 IN OS.13/2015 OF SUB COURT, KATTAPPANA.

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PETITIONER/1ST RESPONDENT/1ST DEFENDANT:

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RAJESH EBRAHIMKUTTY, AGED 36 YEARS, S/O.EBRAHIMKUTTY, RESIDING AT 73 B, SHOBA MALACHITTE, JAKKUR PLANTATION, JAKKUR, YELAHANKA, BANGALORE.

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BY ADVS.SRI.S.JUSTUS SRI.A.SAJJATH

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RESPONDENT/PETITIONER/PLAINTIFF:

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SANTHOSH, AGED 40 YEARS, S/O.SUDHAN, KOCHUPARAMBIL HOUSE, BALAGRAM KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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OP(C).No. 468 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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P1TRUE COPY OF THE PLAINT IN O.S.NO.13/2015 ON THE SUB COURT, KATTAPPANA.

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P2TRUE COPY OF THE I.A.257/2015 IN O.S.NO.13/2015 ON THE FILE OF SUB COURT, KATTAPPANA.

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P3TRUE COPY OF THE COUNTER AFFIDAVIT I.A.257/2015 IN O.S.NO.13/2015 ON THE FILE OF SUB COURT, KATTAPPANA.

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RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.S. TO JUDGE

mbr/

K.ABRAHAM MATHEW J.

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O.P.(C).No.468 of 2016

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Dated this the 16^th day of February, 2016

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JUDGMENT

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Petitioner is the first defendant in O.S.No.13 of 2015 of Sub Court, Kattapana in I.A.No.257 of 2015 filed by the respondent/plaintiff under Order 38 Rule 5 of the Code of Civil Procedure. Certain amount in the bank account maintained by the second defendant, who is represented by the petitioner, has been attached. The only prayer in this Original Petition is to direct the learned Sub Judge to dispose of the application. I am satisfied that the request is reasonable.

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In the result, this Original Petition is disposed of directing the trial court to dispose of I.A.No.257 of 2015 within three weeks from the date of receipt or production of a copy of this judgment, whichever is earlier.

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Sd/- K.ABRAHAM MATHEW JUDGE

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cms

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/True copy/ P.S.to Judge

Rajesh Irahimkutty v. Santhosh

Case brief

What is this about?

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Rajesh Irahimkutty v. Santhosh

Case brief

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