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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940
Con.Case(C).No. 633 of 2018
AGAINST THE JUDGMENT IN WP(C).16023/2016 of HIGH COURT OF KERALA DATED 07-06-2017
PETITIONER/PETITIONER :
LISAMMA JOSEPH @ LISAMMA TOM, AGED 62 YEARS, W/O. TOM THOMAS, RAMANATTU HOUSE, POOVARANI KARA, POOVARANI VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT.
BY ADVS.SMT.A.SREEKALA SMT.C.R.DIYA SMT.VANDHANA VIJAYAKUMAR
RESPONDENT/5TH RESPONDENT:
SHAJI K.G., AGED 50 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, KARAMULLIL HOUSE, BHARANANGANAM P.O., PALA, KOTTAYAM DISTRICT, MANAGING DIRECTOR, THE MEENACHIL RUBBER MARKETING & PROCESSING CO-OPERATIVE SOCIETY LTD., NO. K.118, PALA, 686575.
R1 BY ADV. SRI.SHAJI THOMAS R1 BY ADV. SMT.RAHANA JOSE R1 BY ADV. SRI.JEN JAISON
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 02-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
Con.Case(C).No. 633 of 2018
APPENDIX
PETITIONER(S)' ANNEXURES
A1 CERTIFIED COPY OF THE JUDGMENT IN WRIT PETITION NO.16023/2016 DATED 7.6.2017 A2 TRUE COPY OF THE LETTER DATED 3.10.2017 SENT BY THE PETITIONER TO THE RESPONDENT
RESPONDENT(S)' ANNEXURE
| R1(A) | TRUE PHOTOCOPY OF THE ORDER NO.KR/KTM/20827/RECOVERY/ENF.I(6)/2017 DATED 12.1.2018 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER, KOTTAYAM |
|---|---|
| R1(B) | TRUE PHOTOCOPY OF THE ORDER NO.KR/KTM/20827/RECOVERY/ENF.I(6)/2017 DATED 12.1.2018 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER, KOTTAYAM |
| R1(C) | TRUE PHOTOCOPY OF THE ORDER NO.KR/KTM/20827/PENAL DAMAGES/2017 DATED 4.1.2018 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER, KOTTAYAM |
| R1(D) | TRUE PHOTOCOPY OF THE ORDER NO.KR/KTM/20827/PENAL DAMAGES/7Q/2017 DATED 4.1.2018 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER, KOTTAYAM |
| R1(E) | TRUE PHOTOCOPY OF THE DECISION OF THE GENERAL BODY DATED 22.12.2016 |
| R1(F) | TRUE PHOTOCOPY OF THE APPLICATION DATED 17.4.2017 SUBMITTED BY THE MEENACHIL RUBBER MARKETING AND PROCESSING CO-OPERATIVE SOCIETY |
| R1(G) | TRUE PHOTOCOPY OF THE LETTER DATED 27.7.2017 ISSUED BY THE JOINT REGISTRAR, KOTTAYAM ADDRESSED TO THE ASST. REGISTRAR (GENERAL), MEENACHIL |
| R1(H) | TRUE PHOTOCOPY OF THE LETTER DATED 19.9.2017 ISSUED BY THE TAHSILDAR, MEENACHIL TRUE COPY |
P.S. TO JUDGE
EL
4.4.2018
A. MUHAMMED MUSTAQUE, J.
JUDGMENT
The present dilemma arose consequent upon the settlement between the parties and that when the steps taken by the respondent Society to sell the immovable property could not be fructified. It is submitted that the proceedings to obtain permission to sell the property is pending before the Joint Registrar of Co-operative Societies and other such authority.
With the above said liberty, this Contempt Case is closed. It is made clear that, if the Joint Registrar grants approval, certainly, based on the agreement arrived at between the parties dated 27.03.2017, the petitioner will be given priority in repaying the amount due to the petitioner along with interest thereon, after the sale of the property.
Sd/-
A. MUHAMMED MUSTAQUE, JUDGE
ttb/03.04
Lismamma Joseph @ Lismamma Tom
Shaji K.G.
A.Muhammed Mustaque
As recorded by the court registry
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