Dismissed

Abdul Kalam v. Nazarudeen

Kerala HC8 Feb 2018OP(C)/365/2018

Case brief

AI extract

What is this about?

This is a writ petition under Article 227 of the Constitution of India for the speedy disposal of two interlocutory applications seeking to set aside an ex-parte decree. The High Court directed the trial court to dispose of the applications within a month and deferred execution proceedings. Notice was dispensed with.

What did the court decide?

Direction issued to the trial court to dispose of pending interlocutory applications within one month and to stay execution proceedings pending their disposal.

Abdul Kalam Vs Nazarudeen — Execution and Attachment | 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 ALEXANDER THOMAS

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

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OP(C).No. 365 of 2018

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E.P.NO.174/2017 IN O.S.NO.1481/2014 OF PRINCIPAL MUNSIFF COURT, KOLLAM

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PETITIONER(S)/DEFENDANTS :

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1 ABDUL KALAM, AGED 60 YEARS, S/O. SHAHUL HAMEED KUNJU, MATHEPPALLIL VEEDU, CHATHINAMKULAM CHERI, CHANDANANTHOPPU P.O., MANGAD VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.

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2 ABDUL AZEES, AGED 59 YEARS, S/O. SHAHUL HAMEED KUNJU, MATHEPPALLIL VEEDU, CHATHINAMKULAM CHERI, CHANDANANTHOPPU P.O., MANGAD VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.

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BY ADVS.SRI.BINU GEORGE SMT.HEMALATHA

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RESPONDENT(S)/PLAINTIFF:

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NAZARUDEEN, AGED 46 YEARS, S/O. SHAHUL HAMEED KUNJU, MATHEPPALLIL VEEDU, CHATHINAMKULAM CHERI, CHANDANANTHOPPU P.O., MANGAD VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN-691 014.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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OP(C).No. 365 of 2018 (O)

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PETITIONER(S)' EXHIBITS

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EXT.P1	A TRUE COPY OF PLAINT IN OS NO.1481/2014 OF PRINCIPAL MUNSIFF COURT, KOLLAM.
EXT.P2	A TRUE COPY OF EXECUTION PETITION IN E.P.NO.174/2017 OF MUNSIFF COURT, KOLLAM.
EXT.P3	A TRUE COPY OF EX-PARTE DECREE DATED 17/06/2017 IN O.S.NO.1481/2014 OF PRINCIPAL MUNSIFF COURT, KOLLAM.
EXT.P4	A TRUE COPY OF JUDGMENT DATED 17/06/2017 IN O.S.NO.1481/2014 OF PRINCIPAL MUNSIFF COURT, KOLLAM.
EXT.P5	A TRUE COPY OF I.A NO.637/2018 IN O.S.NO.1481/2014 OF PRINCIPAL MUNSIFF COURT, KOLLAM.
EXT.P6	A TRUE COPY OF I.A NO.638/2018 IN O.S.NO.1481/2014 OF PRINCIPAL MUNSIFF COURT, KOLLAM.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd.

ALEXANDER THOMAS, J

O.P(C) . No. 365 of 2018

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Dated this the 8^th day of February, 2018

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J U D G M E N T

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The prayers in this Original Petition (Civil) filed under the enabling provisions of Article 227 of the Constitution of India are as follows :

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“i) To call for records leading to E.P. No.174/2017 of Munsiff Court, Kollam and stay all further proceedings of E.P. No.174 / 2017 of Munsiff Court Kollam till the disposal of Exts.P5 and P6 interlocutory applications;

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ii) To direct the Principal Munsiff Court Kollan to dispose Exts.P5 and P6 interlocutory applications within a time frame as this Hon'ble Court may deem fit and proper.”

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Heard Smt. Hemalatha, the learned counsel appearing for the petitioners/defendants. In the nature of the orders proposed to be passed in this petition, notice to the respondent will stand dispensed with.

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It is pointed out by Smt. Hemalatha, learned counsel appearing for the petitioners that challenging Ext.P3 exparte decree dated 17.6.2017 rendered by the Principal Munsiff's Court, Kollam in O.S. No.1481 of 2014, the petitioners herein/defendants in the O.S. have filed Ext.P5 I.A. No.637 of 2018 (application to condone the delay in filing the

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O.P.(C).365/18

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application to set aside the exparte decree) as well as Ext.P6 I.A. No.638 of 2018 (application to set aside the impugned exparte decree dated 17.6.2017 in the above said O.S. No.1481 of 2014). The petitioner would submit that the limited direction now sought is for an order from this Court to ensure early disposal of these applications by the trial court concerned and that until then, further proceedings in Ext.P2 execution petition E.P. No.174 of 2017 on the file of the Munsiff Court, Kollam may be ordered to be kept in abeyance.

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Having regard to the facts and circumstances of the case, in the interest of justice it is ordered that in case Exts.P5 and P6 applications are still pending consideration, then the court below concerned will endevour to take those applications without much delay and after affording an opportunity of being heard to both sides render orders thereon disposing those I.As in accordance with law, without much delay, preferably within a period of one month from the date of production of a certified copy of this judgment. In case notices on the respondents in Exts.P5 and P6 applications have not been duly completed, then the Court below may consider whether the petitioners could be permitted to serve notice on the parties through the Advocates who appeared for them in the O.S. Further it is ordered in the interest of

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O.P.(C).365/18

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justice that until orders are passed on Exts. P5 and P6 further proceedings in E.P.174 of 2017 on the file of Munsiff Court, Kollam will stand deferred. This direction is issued only for the limited purpose of preservation of the subject matter of lis and shall not be concluded as an expression on the part of this Court regarding merits of the controversy, which is let to the domain and province of the court below concerned. The petitioner will produce a certified copy of this judgment before the principal Munsiff Court, Kollam for necessary information.

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With these observations and directions, this Original Petition (Civil) stands finally disposed of.

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Sd/ALEXANDER THOMAS, JUDGE

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sou.

Abdul Kalam v. Nazarudeen

Case brief

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Abdul Kalam v. Nazarudeen

Case brief

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