This judgment is a short order of one paragraph wherein the High Court of Kerala dismissed an unpaid debts petition as infructuous upon the petitioner's own submission. No substantive legal discussion is provided.
Petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 12TH DAY OF JANUARY 2018 / 22ND POUSHA, 1939
OP(C).No. 189 of 2016 (O)
AGAINST THE ORDER/JUDGMENT IN OS 185/1994 of III ADDL.SUB COURT, KOZHIKODE
PETITIONER(S)/JUDGMENT DEBTOR NO.1:
DAMODARAN C.,AGED 75 YEAERS S/O.GOPALAN, KATHARAM HOUSE, KARUVISSERY AMSOM DESOM, KARAPPARAMBA, KOZHIKODE DISTRICT.
BY ADV.SRI.P.V.KUNHIKRISHNAN
RESPONDENT(S)/DECREE HOLDERS:
R1 BY ADV. SRI.K.A.SALIL NARAYANAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 12-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 189 of 2016 (O)
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 - TRUE COPY OF THE EXECUTION PETITION FILED BY DECREE HOLDERS 1, 2 AND 4 WHICH IS NUMBERS AS EP NO. 134/2013 IN OS NO. 185/1994 WHICH IS NOW PENDING ON THE FILE OF THE IIIRD ADDITIONAL SUB COURT, KOZHIKODE.
EXHIBIT P2 - TRUE COPY OF THE EXECUTION PETITION FILED BY DECREE HOLDER NO.3 WHICH IS NUMBERS AS EP NO.311/2013 IN OS NO. 185/1994, WHICH IS NOW PENDING ON THE FILE OF THE 3RD ADDITIONAL SUB COURT, KOZHIKODE.
EXHIBIT P3 - TRUE COPY OF THE COMMISSIONER REPORT DT. 19.09.2015 FILED IN EP NO. 134/2013 IN OS NO. 185/1994 ON THE FILE OF IIIRD ADDITIONAL SUB JUDGE, KOZHIKODE.
EXHIBIT P4 - TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER AND OTHERS DATED 18.11.2015 IN EP NO. 134/2013 IN OS NO. 185/1994 ON THE FILE OF THE IIIRD ADDITIONAL SUB JUDGE, KOZHIKODE.
RESPONDENT(S) EXHIBITS:
NIL
/TRUE COPY/
PA TO JUDGE
dkr
ASHOK MENON, J.
O.P. (Civil) No. 189 of 2016
----------------------------------Dated this the 12th day of January, 2018
J U D G M E N T
The learned Counsel for the petitioner submits that the Petition has become infructuous and hence the matter may be dismissed.
Hence the Original Petition is dismissed, recording the above
submission.
Sd/ASHOK MENON Judge
dkr
True copy
PA to Judge
Damodaran C.
A. Karunakaran Nair
P. Muraliedharan
P. Girish
K. Rajan
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
