Dismissed

Ammini @ Rosamma v. Narayanan

Kerala HC14 Feb 2018OP(C)/394/2018

Case brief

AI extract

What is this about?

This writ petition filed under Article 227 of the Constitution sought disposal of an execution petition. The petitioner sought to withdraw the petition with liberty to file a comprehensive one to challenge the maintainability of the execution prayer. The court dismissed the petition accordingly.

What did the court decide?

Petition dismissed as withdrawn with liberty to file a comprehensive petition.

Ammini @ Rosamma Vs Narayanan — Civil Procedure and Limitation | 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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WEDNESDAY, THE 14TH DAY OF FEBRUARY 2018 / 25TH MAGHA, 1939

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OP(C).No. 394 of 2018

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---------------------E.P 45/2012 IN OS 5/2009 OF MUNSIFFS COURT, THODUPUZHA

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---------

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PETITIONER/1ST JUDGMENT DEBTOR

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AMMINI @ ROSAMMA, D/O. MATHAI AGED 60 YEARS, PULLILICKAL HOUSE, ELAMDESAM KARA, ALAKKODU VILLAGE, NOW RESIDING AT: ALAKAL HOUSE, ELAMDESAM KARA, KALAYANTHANIBHAGAM, ALAKKODU VILLAGE, THODUPUZHA TALUK, IDUKKI DIST.

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BY ADV.SRI.M.V.RAJENDRAN NAIR

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RESPONDENT(S)/DECREE HOLDER/2ND & 3RD JUDGMENT DEBTORS:

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1. NARAYANAN,

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S/O. KESAVAN, AGED 64 YEARS, VADAKKUMANAL(CHERUMANDAPATHIL) HOUSE, KALAYANTHANI KARA, ALAKKODU VILLAGE, THODUPUZHA TALUK, IDUKKI DIST. PIN. 685558

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2. KOCHUKUNJU,

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S/O. PANCHA, AGED 72 YEARS, ALAKAL HOUSE, ELAMDESAM KARA, KALAYANTHANIBHAGAM,ALAKKODU VILLAGE, THODUPUZHA TALUK, IDUKKI DIST. PIN. 685 558.

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3. MAYA,

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D/O. SIVAN, AGED 36 YEARS, ALAKAL HOUSE, ELAMDESAM KARA, KALAYANTHANIBHAGAM,ALAKKODU VILLAGE, THODUPUZHA TALUK, IDUKKI DIST. PIN. 685 558.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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ALEXANDER THOMAS, J .

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O.P. (C) No. 394 of 2018

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Dated this the 14^th day of February, 2018

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JUDGMENT

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

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enabling provisions of Article 227 of the Constitution of India is as follows :

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“Call for the records in EP No.45/2012 in OS No.5/2009 of the Munsiff's Court, Thodupuzha and dispose the EP No.45/2012 in OS No.5/2009 of the Munsiff's Court, Thodupuzha.”

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Heard Sri.M.V. Rajendran Nair, learned counsel appearing for the petitioner/1^st Judgment Debtor. In the nature of the orders proposed to be passed in this petition, notice to the respondents will stand dispensed with.

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Sri.M.V. Rajendran Nair, learned counsel appearing for the petitioner submits that the petitioner had raised an objection before the execution court on the point of maintainability in as much as the prayer in the Execution Petition is beyond the scope of the decree. But the said objection has been dismissed by the execution court and the petitioner has been advised to challenge the said order passed by the execution court rejecting his plea of maintainability. On this basis

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OP(C) : 394 of 2018

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-:2:-

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it is submitted on behalf of the petitioner that leave may be granted to the petitioner to withdraw this OP(C) with liberty to file a comprehensive petition so as to deal with all aspects of the matter including the order passed by the trial court rejecting the objection raised by the petitioner regarding maintainability.

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Accordingly, this OP(C) will stand dismissed as withdrawn with

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liberty to work out his remedies in accordance with law.

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ALEXANDER THOMAS, JUDGE

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ttb

Ammini @ Rosamma v. Narayanan

Case brief

What is this about?

What did the court decide?

Ammini @ Rosamma v. Narayanan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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