Partly allowed

Geethu Viswanath v. M/S. Housing Development Finance Corporation Ltd.

Kerala HC12 Feb 2018OP(C)/344/2018

Case brief

AI extract

What is this about?

Original Petition filed under Article 226 seeking return of an exhibit and set aside of records. Petitioner applied for leave to withdraw the petition without prejudice. Court allowed withdrawal and dismissed the petition.

What did the court decide?

Leave granted to withdraw the Original Petition without prejudice to the right to file a review petition.

Geethu Viswanath Vs M/S. Housing Development… — Civil Procedure and Limitation | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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MONDAY, THE 12TH DAY OF FEBRUARY 2018 / 23RD MAGHA, 1939

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OS 207/2009 OF PRINCIPAL SUB COURT, ERNAKULAM.

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PETITIONER/1ST DEFENDANT:

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GEETHU VISWANATH, AGED 50, D/O. ANANTHAVALLI, NAGARIYIL, VELIYIL BHAGAM, PADA-SOUTH, KARUNAGAPPALLI (P.O) KOLLAM (DISTRICT) PIN - 690 568.

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BY ADV.SRI.MATHEW SEBASTIAN

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RESPONDENT(S)/PLAINTIFF & 2ND DEFENDANT:

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1. M/S. HOUSING DEVELOPMENT FINANCE CORPORATION LTD. RAMON HOUSE, H.T PAREKH MARG, 169, BACKBAY RECLAMATION, CHURCH GATE, MUMBAI-20, HAVING ITS BRANCH OFFICE AT HDFC HOUSE, P.B NO. 1667, RAVIPURAM JUNCTION, M.G ROAD, KOCHI-15. REP. BY ITS LEGAL OFFICER-RECOVERIES, ARUNKUMAR.N.

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2. N.C THOMAS S/O. CHERIYA @ CHERIYAN, 63 YEARS, NADUKKUDIYIL HOUSE, KUROOR KARA, KOTHAMANGALAM P.O, ERNAKULAM DISTRICT.

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BY SRI.LAL K.JOSEPH

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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ALEXANDER THOMAS, J.

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

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O.P(C).No. 344 of 2018

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

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Dated this the 12^th day of February, 2018

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J U D G M E N T

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The prayer in this Original Petition (Civil) filed under the enabling

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provisions contained in Art.227 of the Constitution of India is as follows:

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“Call for the records leading to Exhibit-P10 , set aside the same and order to return of Exhibit-P1 plaint to the 1^st respondent to be filed before the proper Court.”

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Heard Sri.Mathew Sebastian, learned counsel appearing for the petitioner and Sri.Lal K.Joseph, learned counsel appearing for the 1^st respondent.

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Sri.Mathew Sebastian, learned counsel appearing for the petitioner submits that leave may be granted to the petitioner to withdraw this O.P(C). without prejudice to her right to file review petition so as to impugn Ext.P-5 judgment dated 25.5.2017 rendered by this Court in O.P(C).No.1375/2014. The above Original Petition (Civil) will stand dismissed as withdrawn with liberty to the petitioner to work out her remedies, strictly in accordance with law.

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sdk+

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Sd/- ALEXANDER THOMAS, JUDGE

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///True Copy///

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P.S. to Judge

Geethu Viswanath v. M/S. Housing Development Finance Corporation Ltd.

Case brief

What is this about?

What did the court decide?

Geethu Viswanath v. M/S. Housing Development Finance Corporation Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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