Disposed

S. Bhaskaran v. Sekharan Bharathan

Kerala HC8 Feb 2018OP(C)/181/2018

Case brief

AI extract

What is this about?

This original civil petition challenged the service of notice and sought an extension of time to file a counter in enforcement proceedings arising from a partition suit. The court directed the lower court to grant two weeks for filing a counter and dispose of the matter subsequently.

What did the court decide?

Directed lower court to grant two weeks time to petitioner to file counter and dispose within further two weeks.

S. Bhaskaran Vs Sekharan Bharathan — 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 A.HARIPRASAD

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THURSDAY, THE 8TH DAY OF FEBRUARY 2018 / 19TH MAGHA, 1939

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OP(C).No. 181 of 2018

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EP 346/2017 of PRINCIPAL MUNSIFF,ALAPPUZHA

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PETITIONER/DECREE HOLDER:

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S. BHASKARAN AGED 63 YEARS, S/O. KUNJAN SEKHARAN, NILAM NIKARTHIL, ZILLA COURT WARD, ALAPPUZHA

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BY ADV.SRI.K.C.SUDHEER

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RESPONDENTS/JUDGMENT DEBTORS:

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1. SEKHARAN BHARATHAN

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AGED 66 YEARS, S/O. KUNJAN SEKHARAN, THAKIDIVELIYIL, KALAVOOR PO., ALAPPUZHA DISTRICT PIN-688001

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2. PRAMEELA RAMANAN

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AGED 58 YEARS, D/O. KUNJAN SEKHARAN, THEKKEVELI,MANNANCHERRY PO., ALAPPUZHA DISTRICT PIN-688001

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3. PADMINI KUTTAPPAN AGED 56 YEARS, D/O. KUNJAN SEKHARAN, KIZHAKKEVELI, ARYAD PO., ALAPPUZHA DISTRICT PIN-688001

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R1 BY ADV. SRI.K.V.SADANANDA PRABHU

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 08-02-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 181 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 EXECUTION PETITION E.P NO.346/2017 IN OS NO.699/2009 ON THE FILES OF THE MUNSIFF'S COURT, ALAPPUZHA EXHIBIT P2: TRUE COPY OF THE NOTICE RECEIVED FROM THE MUNSIFF'S COURT, ALAPPUZHA, IN EXHIBIT P1 EXECUTION PETITION EXHIBIT P3: TRUE COPY OF THE TAX RECEIPT IN THE NAME OF HIS WIFE YASODHA BHASKARAN EXHIBIT P4: TRUE COPY OF THE EXECUTION APPLICATION NUMBERED AS E.A.NO.3818/2018 FILED BEFORE THE MUNSIFF'S COURT, ALAPPUZHA RESPONDENTS' EXHIBITS: N I L

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//TRUE COPY//

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PA TO JUDGE

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A. HARIPRASAD, J.

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------------------------------O.P.(C).No.181 of 2018

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Dated this the 8^th day of February, 2018

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JUDGMENT

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Heard the learned counsel for the petitioner and the 1^st respondent/decree holder.

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It is submitted that service of notice on respondents 2 and 3 is not necessary for adjudication of the case in the manner in which it is proposed to be disposed of. Petitioner is the Judgment Debtor in E.P.No.346 of 2017 in O.S.No.699 of 2009 before the Principal Munsiff, Alappuzha. This execution petition arises out of a partition suit wherein a preliminary decree and a final decree have been passed. It is submitted by the learned counsel for the petitioner that an appeal challenging the preliminary decree is pending.

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Learned counsel for the 1^st respondent contended that the petitioner has not even filed objection to the final decree plan and report submitted by the Commissioner. Whatever that be, the only reason for approaching this Court is that the

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OPC No.181/2018

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petitioner did not get sufficient time to file counter in the execution proceedings.

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Having heard the learned counsel on both sides, the original petition is disposed of in the following terms:

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The court below shall afford two weeks' time to the petitioner from today and in the meantime, the petitioner shall file a counter, if any, in the execution proceedings. The court below shall dispose of the application within a further period of two weeks.

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Sd/- A. HARIPRASAD JUDGE

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S. Bhaskaran v. Sekharan Bharathan

Case brief

What is this about?

What did the court decide?

S. Bhaskaran v. Sekharan Bharathan

Case brief

What is this about?

What did the court decide?

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