Dismissed

K.S.Sreedevi Vikraman v. Ranny Block Rural Housing Co-Operative Society Q-826

Kerala HC3 Jan 2017OP(C)/264/2016

Case brief

AI extract

What is this about?

Petitioner challenged execution proceedings directly before the High Court. The Court held that objections regarding maintainability must first be raised before the Munsiff Court conducting the execution. The petition was disposed of without being heard on merits.

What did the court decide?

Petitioner to raise objections before the Munsiff Court within two weeks; hearing within one month; present petition disposed off.

K.S.Sreedevi Vikraman Vs Ranny Block Rural… — 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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TUESDAY, THE 3RD DAY OF JANUARY 2017/13TH POUSHA, 1938

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OP(C).No. 264 of 2016 (O)

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-------------------------EP 39/2015 OF MUNSIFF'S COURT, RANNI ------------------

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PETITIONER:

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K.S.SREEDEVI VIKRAMAN,AGED 57 YEARS,

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W/O.LATE L.VIKRAMAN, THEKKECHARUVIL VEEDU, ATHIKKAYAM MURI AND VILLAGE, RANNY TALUK, PATHANAMTHITTA DISTRICT, ATHIKKAYAM P.O, 689 711.

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BY ADVS.SRI.V.SETHUNATH

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SRI.V.R.MANORANJAN (MUVATTUPUZHA)

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RESPONDENT(S):

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1. RANNY BLOCK RURAL HOUSING CO-OPERATIVE SOCIETY Q-826 REPRESENTED BY ITS SECRETARY, VADASSERIKKARA P.O, RANNY TALUK, PATHANAMTHITTA DISTRICT. 689 662.

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2. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM 695 001.

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3. ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES RANNI 689 672.

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4. THE ARBITRATOR AND SALE OFFICER (EX-OFFICIO SENIOR CO-OPERATIVE INSPECTOR) KERALA STATE CO-OPERATIVE HOUSING FEDERATION, THIRUVANANTHAPURAM 695 001.

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5. THE KERALA STATE CO-OPERATIVE HOUSING FEDERATION LIMITED ERNAKULAM KALOOR, KOCHI 682 017.

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R1 BY ADV. SRI.SUNIL V.MOHAMMED

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R2 TO R4 BY GOVERNMENT PLEADER SMT A.C. VIDYA R5 BY ADV. SRI.BINU MATHEW

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 03-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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OP(C).No. 264 of 2016 (O)

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APPENDIX

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PETITIONER(S ------------	)' EXHIBITS -----------
EXHIBIT P1.	COPY OF THE	LETTER ISSUED	BY THE 3RD RESPONDENT.
EXHIBIT P2.	COPY OF THE RANNI.	EP 39/15 ON T	HE FILE OF THE MUNSIFF COURT,
EXHIBIT P3.	COPY OF THE	DEATH CERTIFI	CATE OF THE PETITIONER.
EXHIBIT P4.	COPY OF THE RESPONDENT.	AWARD IN ARC	1213/0506 PASSED BY THE 4TH
EXHIBIT P5.	COPY OF THE RESPONDENT.	CIRCULAR NO.	9/06 ISSUED BY THE 2ND
EXHIBIT P6.	COPY OF THE THE 2ND RESP	KERALA GOVERN ONDENT.	MENT CIRCULAR NO.30/07 ISSUED BY
EXHIBIT P7.	COPY OF THE RESPONDENT.	CIRCULAR NO.	75/07 ISSUED BY THE 2ND
EXHIBIT P8.	COPY OF THE RESPONDENT.	CIRCULAR NO.3	/08 ISSUED BY THE 2ND
EXHIBIT P9.	COPY OF THE RESPONDENT.	CIRCULAR NO.	1/09 ISSUED BY THE 2ND
EXHIBIT P10.	COPY OF THE RESPONDENT.	CIRCULAR NO.	5/09 ISSUED BY THE 2ND
EXHIBIT P11.	COPY OF THE RESPONDENT.	CIRCULAR NO.	43/09 ISSUED BY THE 2ND
EXHIBIT P12.	COPY OF THE RESPONDENT.	CIRCULAR NO.	49/10 ISSUED BY THE 2ND
EXHIBIT P13.	COPY OF THE RESPONDENT.	CIRCULAR NO.	41/11 ISSUED BY THE 2ND
EXHIBIT P14.	COPY OF THE RESPONDENT.	CIRCULAR NO.	24/12 ISSUED BY THE 2ND
EXHIBIT P15.	COPY OF THE RESPONDENT.	CIRCULAR NO.	5/15 ISSUED BY THE 2ND
EXHIBIT P16.	COPY OF THE	G.O NO.100/2	009/SC/ST DATED 12.11.09.
EXHIBIT P17.	COPY OF THE	CIRCULAR NO.	61/09 DATED 16.12.09.
RESPONDENT(S ------------	)' EXHIBITS -----------
EXHIBIT R1(A	) COPY OF TH RESPONDENT	E FORM NO 12 .	DATED 9/7/2015 ISSUED BY THE 3RD

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/TRUE COPY/

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K.V.

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A.MUHAMED MUSTAQUE, J.

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

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O.P.(C).No.264/2016

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¶31

Dated this the 3^rd day of January, 2017

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J U D G M E N T

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This original petition is filed challenging execution proceedings

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before the Munsiff Court, Ranny in E.P.No.39 of 2015 which is filed to

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execute Arbitration Award No.1213/05-06. According to the

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petitioner, this execution petition is not maintainable on two counts;

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one, the co-judgment debtor, her husband Shri L.Vikraman, passed

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away and therefore, without impleading the legal heirs of deceased

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L.Vikraman, the execution petition cannot be proceeded; and

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secondly, it is argued that another execution petition is filed before

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the Co-operative Registrar under Section 76(c) of the Kerala Co-

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operative Societies Act, 1969. Therefore, two parallel execution

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proceedings cannot be initiated.

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O.P.(C).No.264/2016

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-:2:-

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Essentially, the petitioner has raised an objection before

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this court as to the maintainability of the execution petition before

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the court below. This court is of the view that the petitioner has to

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raise objection before the Munsiff Court, she cannot directly, approach this court. If the petitioner raises objections, if any, before

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the Munsiff Court, Ranny, certainly, the Munsiff Court, Ranny shall consider her objections. If the petitioner wants to file any objections,

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the same shall be done within two weeks and, after hearing the decree holder and the judgment debtor, appropriate orders shall be passed within a further period of one month. The original petition is

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disposed of as above. No costs.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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K.S.Sreedevi Vikraman v. Ranny Block Rural Housing Co-Operative Society Q-826

Case brief

What is this about?

What did the court decide?

K.S.Sreedevi Vikraman v. Ranny Block Rural Housing Co-Operative Society Q-826

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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Case details

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