Disposed

Dharmarajan V.K. v. Kerala State Electricity Board

Kerala HC22 Jan 2016OP(C)/85/2016

Case brief

AI extract

What is this about?

The High Court disposed of an original petition by directing the learned Sub Judge to dispose of the petitioner's application to enlarge time for deposit of costs within two weeks. The petitioner had failed to comply with a previous order regarding deposit.

What did the court decide?

Directed the learned Sub Judge to dispose of Ext.P5 application as early as possible and within two weeks.

Dharmarajan V.K. Vs Kerala State Electricity… — 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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FRIDAY, THE 22ND DAY OF JANUARY 2016/2ND MAGHA, 1937

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OP(C).No. 85 of 2016 (O)

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IA NO. 1139/2015 IN OS NO. 123/2012 OF SUB COURT, ALAPPUZHA

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PETITIONER/2ND DEFENDANT :

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DHARMARAJAN V.K., AGED 56 YEARS S/O. KOCHUKUNJU, VARIAM MURI VELI, AVALOOKKUNNU P.O. KOMALAPURAM VILLAGE, ALAPPUZHA DISTRICT.

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BY ADVS.SRI.S.SANAL KUMAR

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SRI.M.T.SURESHKUMAR

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SMT.T.J.SEEMA

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SMT.BHAVANA VELAYUDHAN SMT.SMITHA PHILIPOSE

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RESPONDENTS/PLAINTIFFS/DEFENDANTS 1 & 3 :

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1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY SPECIAL OFFICER, VYDYUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM - 695 004.

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2. THE ASSISTANT EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD LINE MAINTENANCE SUB DIVISION,

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ALAPPUZHA - 688 523.

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3. A.N.SANU

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M/S. A.N.ENGINEERING WORKS, NO.134/6, INDUSTRIAL AREA KAMAKSHY PALAYAM, MANGADI MAIN ROAD BANGALORE - 562 130.

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4. P.G.LAIJU S/O.GOPALAN, SREERAGAM, STADIUM WARD ALAPPUZHA - 688 011.

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R1 & R2 BY ADVS. SRI.T.R.RAJAN, SC SRI.SAJEEVKUMAR K.GOPAL, SC

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 22-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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OP(C).No. 85 of 2016 (O)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT. P1: TRUE COPY OF THE I.A NO.198/2015 IN OS NO.123/2012 FILED BY THE PETITIONER BEFORE THE SUB COURT, ALAPPUZHA DATED 22/2/2015.

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EXT. P2: TRUE COPY OF THE I.A NO.199/2015 IN OS NO.123/2012 FILED BY THE PETITIONER BEFORE THE SUB COURT, ALAPPUZHA DATED 22/2/2015.

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EXT. P3: TRUE COPY OF THE COMMON ORDER IN IA. NO.198/2015 AND 199/2015 IN OS NO.123/2012 OF THE SUB JUDGE, ALAPPUZHA DATED 18/11/2015.

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EXT. P4: TRUE COPY OF THE ORDER IN IA. NO.199/2015 IN OS NO.123/2012 OF THE SUB JUDGE, ALAPPUZHA DATED 30/11/2015.

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EXT. P5: TRUE COPY OF THE IA NO.1139/15 IN OS NO.123/2012 FILED BY THE PETITIONER BEFORE THE SUB COURT, ALAPPUZHA DATED 3/12/2015 .

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EXT. P6: TRUE COPY OF THE EA NO.426/2015 IN E.P NO.97/2014 IN OS NO.123/2012 FILED BY THE PETITIONER BEFORE THE SUB COURT, ALAPPUZHA DATED 14/12/2015.

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RESPONDENT(S)' EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

K.ABRAHAM MATHEW, J.

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

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O.P.(C) No.85 of 2016

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

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Dated this the 22^nd day of January, 2016

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JUDGMENT

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Petitioner is the 2^nd defendant in O.S No.123 of 2012 of Sub Court, Alappuzha. His application to set aside the exparte decree was set aside on condition that he deposited `10,000/- within two weeks. He did not comply with the direction. He has filed Ext.P5 application to enlarge the time. It is submitted that no order has been passed so far. The prayer is to set aside Ext.P4

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order by which the court dismissed the application to set aside the exparte decree for non-payment of cost and to stay the proceedings in the execution.

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Heard.

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Having regard to the facts of the case, the only order this Court can pass is to direct the learned Sub Judge to dispose of Ext.P5 application.

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In the result, this original petition is disposed of directing the learned Sub Judge to dispose of Ext.P5 application as early as possible and to the extent possible within two weeks.

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Sd/-

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K.ABRAHAM MATHEW , JUDGE

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vdv/23/01/16

Dharmarajan V.K. v. Kerala State Electricity Board

Case brief

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Dharmarajan V.K. v. Kerala State Electricity Board

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