This order directs the Additional Munsiff's Court, Palakkad, to dispose of the application to set aside an ex parte decree and condone delay within six weeks, while deferring execution proceedings against the petitioner until a decision is taken.
Execution proceedings deferred; lower court directed to dispose of applications within six weeks.
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 A.MUHAMED MUSTAQUE
WEDNESDAY, THE 4TH DAY OF JANUARY 2017/14TH POUSHA, 1938
OP(C).No. 19 of 2017 (O)
IA.NO.4981/2016 & IA.NO.4982/2016 IN OS.NO.397/2012 OF ADDITIONAL MUNSIFF COURT, PALAKKAD
PETITIONER(S):
NAVEENKUMAR, S/O LATE ARAVINDAN, AGED 23 YEARS, NEIKKARA STREET, KOPPAM, PALAKKAD, PRESENTLY RESIDING AT 70 ARGYLE STREET, FAWKNER VIC-3060, AUSTRALIA.
BY ADV. SRI.RAJESH SIVARAMANKUTTY
RESPONDENT(S):
K.BALAKRISHNAN, S/O. LATE KARUNAKARAN, H.NO.33/371A, KARUNYAM, NEAR BHARAVAN KOVIL, GOLDEN STREET, KOPPAM, PALAKKAD.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C).No. 19 of 2017 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF EP NO.109/2014 IN OS NO.397/2012 ON THE FILE OF ADDITIONAL MUNSIFF COURT, PALAKKAD
EXHIBIT P2 TRUE COPY OF PETITION AND AFFIDAVIT IN IA NO.4982/2016 IN OS NO.397/2012
EXHIBIT P3 TRUE COPY OF PETITION AND AFFIDAVIT AS IA NO.4981/2016 IN OS NO.397/2012
RESPONDENT(S)' EXHIBITS
NIL
//TRUE COPY//
P.S.TO JUDGE
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A. MUHAMED MUSTAQUE, J.
O.P.(C) No. 19 of 2017
Dated this the 4th day of January, 2017
J U D G M E N T
Sd/-
A. MUHAMED MUSTAQUE JUDGE
bka/-
1 issue framed by the court
Whether the execution proceedings should be deferred pending disposal of the application to set aside the ex parte decree.
NAVEENKUMAR
K. BALAKRISHNAN
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
