Remanded

Thomas Shanti v. Mathai Shanti

Kerala HC14 Jun 2018OP(C)/1406/2018

Case brief

AI extract

What is this about?

The Court directed the Sub Court, Alappuzha to restore and re-open execution petition E.P. No. 309/2016, which was closed due to an inadvertent mistake, to complete the proceedings by executing the approved draft partition deed.

What did the court decide?

Directed the Sub Court, Alappuzha to restore and re-open E.P. No. 309/2016 and complete execution proceedings by executing the approved draft partition deed.

Thomas Shanti Vs Mathai Shanti — Partition | Kerala HC (2018)

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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 SATHISH NINAN

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THURSDAY, THE 14TH DAY OF JUNE 2018 / 24TH JYAISHTA, 1940

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OP(C).No. 1406 of 2018 ----------------------E.P NO 309/2016 IN OS 429/2008 OF SUB COURT, ALAPPUZHA

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-----------

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PETITIONER/DECREE HOLDER & PLAINTIFF.

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THOMAS SHANTI, S/O P.A GEORGE, AGED 57, 2/216A, PBK MINA ROAD, VAZHAKALA, KAKKANAD, KOCHI-682021.

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BY ADVS.DR.V.N.SANKARJEE SRI.V.N.MADHUSUDANAN SRI. S.SIDHARDHAN SMT.R.UDAYA JYOTHI SRI.M.M.VINOD SMT.M.SUSEELA SMT.ARYA BALACHANDRAN

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RESPONDENT/JUDGMENT DEBTOR/DEFENDANT.:

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MATHAI SHANTI, S/O P.A GEORGE, AGED 65, PUTHENPURAKKAL HOUSE, OLD SEMINARY ROAD, CHUNGAM, KOTTAYAM-1

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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OP(C).No. 1406 of 2018 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE E.P NO.309/2016 DATED 19.9.2016 IN O.S NO.429/2008 OF THE SUB COURT, ALAPPUZHA. EXHIBIT P2 TRUE COPY OF THE DRAFT PARTITION DEED DATED 21.11.2017 TOGETHER WITH NOTICE IN FORM NO.61 ISSUED TO THE RESPONDENT FROM THE COURT BELOW. EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS SHEET OF THE COURT BELOW IN E.P NO.309/2016 FROM 19.9.2016 TO 21.3.2018.

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RESPONDENTS EXHIBITS: NIL

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/TRUE COPY/

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K.V. P.S.TO JUDGE

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18.6.2018

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SATHISH NINAN, J.

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O.P.(C) No.1406 of 2018

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Dated this the 14^th day of June, 2018

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JUDGMENT

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The grievance of the petitioner is that, in the course of execution of a decree, the court below, without executing partition deed in terms of the draft partition deed, proceeded to close the execution petition. According to the petitioner, the execution proceedings are not yet completed. Still the court below has proceeded to close the execution petition.

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The report called for from the Registry reveals that the execution petition happened to be closed due to an inadvertent mistake. It was open for the petitioner to point out to the court below regarding the mistake.

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Be that as it may, considering the facts and circumstances, I direct the Sub Court, Alappuzha to restore and re-open E.P.No.309/2016 and proceed to complete the execution proceedings by execution of partition deed in terms of the approved draft partition deed. Needless to say that the court

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O.P.(C) No.1406 of 2018

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below shall expedite the proceedings. The learned counsel for the petitioner submits that further proceedings regarding delivery of the building is to be completed in the execution proceedings. It will be open for the petitioner to bring it to the notice of the execution court. In such event, I am sure that the court below will consider the request on its merits with notice to the other side and pass appropriate orders.

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This Original Petition is disposed of as above.

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Sd/- SATHISH NINAN, JUDGE

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Thomas Shanti v. Mathai Shanti

Case brief

What is this about?

What did the court decide?

Thomas Shanti v. Mathai Shanti

Case brief

What is this about?

What did the court decide?

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