Disposed

Deshaseva Sangham v. K Balakrishnan

Kerala HC23 Jan 2017OP(C)/2/2017

Case brief

AI extract

What is this about?

The Court disposed of an original petition filed by aggrieved appellants regarding the dismissal of a stay application. Directing expedited disposal by the appellate court by February 28, 2017, the Court held that the appeal could be expedited and disposed of given the debatable nature of the appellants' case.

What did the court decide?

Directing the appellate court to dispose of the appeal on or before 28.02.2017; Interim order to continue.

Deshaseva Sangham Vs K Balakrishnan — Civil Procedure and Limitation | Kerala HC (2017)

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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 A.MUHAMED MUSTAQUE

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MONDAY, THE 23RD DAY OF JANUARY 2017/3RD MAGHA, 1938

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OP(C).No. 2 of 2017 (O)

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OS 209/2013 OF PRINCIPAL MUNSIFF COURT, KANNUR.

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PETITIONER(S):

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1. DESHASEVA SANGHAM, CHIRAKKAL, REPRESENTED BY ITS PRESIDENT N.SREEKUMAR, S/O.KUMARAN, AGED 58, N.K.BROTHERS, CHIRAKKAL AMSOM, DESOM, CHIRAKKAL P.O., KANNUR-670011.

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2. N.SREEKUMAR, S/O.KUMARAN, AGED 58, N.K.BROTHERS, CHIRAKKAL AMSOM, DESOM, CHIRAKKAL P.O., KANNUR-670011

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BY ADVS.SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE

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RESPONDENT:

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K BALAKRISHNAN, S/O.GOPALAN, AGED 57 YEARS, SOPANAM, PUTHIYAPPARAMBA, VALAPATTANAM P.O., KANNUR-670010.

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BY ADVS.SRI.P.K.MOHAMED JAMEEL SRI.R.MAHESH VARMA

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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OP(C).No. 2 of 2017 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1 :	A TRUE O.S.NO. COURT,	COPY OF THE JUDGMENT DATED 30.6.2016 IN 209/2013 ON THE FILE OF THE PRL.MUNSIFF KANNUR.
EXHIBIT P2 :	A TRUE ON THE	COPY OF A.S.NO.63/2016 DATED 27.10.2016 FILE OF THE SUB COURT, KANNUR.
EXHIBIT P3 :	A TRUE FILED I A.S.NO. KANNUR.	COPY OF THE AFFIDAVIT DATED 27.10.2016 N SUPPORT OF I.A.NO.1129 OF 2016 IN 63/2016 ON THE FILE OF THE SUB COURT,
EXHIBIT P4 :	A TRUE I.A.NO. OF THE	COPY OF THE ORDER DATED 19.12.2016 IN 1129/2016 IN A.S.NO.63/2016 ON THE FILE SUB COURT, KANNUR.
RESPONDENTS'	EXHIBITS :	NIL.

//TRUE COPY//

P.S. TO JUDGE

mbr/

A. MUHAMED MUSTAQUE, J.

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O.P.(C) No. 2 of 2017

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Dated this the 23^rd day of January, 2017

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J U D G M E N T

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1.This original petition is filed by the appellants in AS No.63/2016 on the file of the Sub Court, Kannur, aggrieved by the dismissal of the application of stay of execution of the decree passed in OS No.209/2013.

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2.The appellate court, by detailed order, dismissed the application for stay, even though it was found that the appellants have a debatable case. Considering the nature of the issue, this Court is of the view that the appeal itself can be expedited and disposed of by the appellate court.

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3.Accordingly, the original petition is disposed of, with the following directions;

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The appellate court shall dispose of the appeal on or before 28.02.2017.

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The interim order already passed will continue till the disposal of the appeal.

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Sd/- A. MUHAMED MUSTAQUE JUDGE

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bka/-

Deshaseva Sangham v. K Balakrishnan

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Deshaseva Sangham v. K Balakrishnan

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