Disposed

Nabeezath Beevi v. P.S. Ahammed Khan (Died)

Kerala HC23 Feb 2018OP(C)/524/2018

Case brief

AI extract

What is this about?

This writ petition under Article 227 directed the Additional District Court Mavelikara to promptly consider a restoration application. The court deferred execution proceedings pending the lower court's decision on restoring the appeal suit.

What did the court decide?

Directed Additional District Court Mavelikara to consider restoration application within 2-3 weeks; execution proceedings deferred.

Nabeezath Beevi Vs P.S. Ahammed Khan (Died) — 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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FRIDAY, THE 23RD DAY OF FEBRUARY 2018 / 4TH PHALGUNA, 1939

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OP(C).No. 524 of 2018

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EP. NO.98/2012 IN OS. NO.154/2009 OF MUNSIFF COURT, MAVELIKKARA.

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PETITIONER/1ST JUDGMENT DEBTOR/DEFENDANT NO.1

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NABEEZATH BEEVI, AGED 49 YEARS, W/O. ABDUL BASHEER KUNJU, PARAMEL BUNGALOW, MEKKUM MURI, THAMARAKKULAM VILLAGE, MAVELIKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.

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BY ADVS.SRI.S.SHANAVAS KHAN, SMT.S.INDU.

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RESPONDENTS/DECREE HOLDERS/PLAINTIFF:

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1. P.S. AHAMMED KHAN (DIED), POURNAMI, MEKKUM MURI, THAMARAKKULAM VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT-688 001.

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2. ABDUL SALEEM, AGED 52 YEARS, S/O. LATE P.S. AHAMMED KHAN, PURNAMI, MEKKUM MURI, THAMARAKKULAM VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT-688 001.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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06/03/2018.

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OP(C).No. 524 of 2018 (O)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1.	COPY OF THE JUDGMENT DATED 22.02.2011 IN OS NO.154/2009 OF THE HONOURABLE MUNSIFF COURT, MAVELIKKARA.
EXHIBIT P2.	COPY FO THE EXECUTION PETITION FILED BY THE IST RESPONDENT BEFORE THE HONOURABLE MUNSIFF COURT, MAVELIKKARA.
EXHIBIT P3.	COPY OF IA NO.1149/2015 IN AS NO.77/2011 FILED BEFORE THE ADDITIONAL DISTRICT COURT-1, MAVELIKKARA.
EXHIBIT P4.	COPY OF THE E.A NO.7/2018 IN EP NO.98/2012 FILED BY THE PETITIONER BEFORE THE HONOURABLE MUNSIFF COURT, MAVELIKKARA.
EXHIBIT P5.	COPY OF THE OBJECTION DATED 17.01.2018 FILED BY THE 2ND RESPONDENT IN EA. NO.7/2018 IN EP NO.98/2012 ON THE FILE OF HONOURABLE MUNSIFF COURT, MAVELIKKARA.
EXHIBIT P6.	COPY OF THE ORDER DATED 25.01.2018 IN EA. NO.7/2018 IN EP.NO.98/2012 IN OS. NO.154/2009 OF THE HONOURABLE MUNSIFF COURT, MAVELIKKARA.

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RESPONDENT'S EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE

rs. 06/03/2018.

ALEXANDER THOMAS, J.

O.P(C).No.524 Of 2018

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Dated this the 23rd day of February, 2018.

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

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“Issue a direction directing the Additional District Court-I, Mavelikara to consider Ext.P3 within a time frame and to restore A.S.No.77/2011 on its file.”

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Heard Sri.S.Shanavas Khan, learned counsel for the

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petitioner/1st judgment debtor. In the nature of the orders proposed to be passed in this petition, notice to the respondents/decree holders will stand dispensed with.

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Sri.S.Shanavas Khan, learned counsel for the petitioner submits that the limited prayer sought for by the petitioner in the present Original Petition is for a direction from this Court to ensure early disposal of Ext.P-3 restoration application filed for restoring A.S.No.77/2011 on the file of the Additional District Court, Mavelikkara, with liberty to the petitioner to work out his remedies as against the dismissal of the applications filed for condonation of delay

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::2::

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O.P(C).No.524 Of 2018

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in filing the application to set aside the abatement and the application to set aside the abatement and the application for impleading the LRs of the deceased plaintiff/R-1 herein, etc, only after the disposal of Ext.P-3 application to restore the Appeal Suit and that after the restoration of the Appeal Suit. It is submitted by the counsel for the petitioner that notices on the respondents in Ext.P-3 I.A has already been duly served and that the said parties have entered appearance. It is also submitted by the petitioner that until orders are passed by the lower appellate court on Ext.P-3 I.A, this Court may direct that further steps in execution proceedings in E.P.No.98/2012 in O.S.No.154/2009 may be ordered to be kept in abeyance.

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In view of the limited prayer sought for by the petitioner, it is ordered in the interest of justice that , the Additional District Court, Mavelikkara, will take up for consideration Ext.P-3 restoration application without much delay and after affording a reasonable opportunity of being heard to both sides, will pass appropriate orders on Ext.P-3 application for restoration of A.S.No.77/2011 without much delay, preferably within 2-3 weeks from the date of receipt of a certified copy of this judgment. It is further ordered only for the preservation of the subject matter of the lis, that further proceedings in

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::3::

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O.P(C).No.524 Of 2018

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E.P.No.98/2012 in O.S.No.154/2009 on the file of the Munsiff's Court, Mavelikkara, will stand deferred until orders are passed by the lower appellate court as directed hereinabove.

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The petitioner will produce a certified copy of this judgment before the court below concerned for necessary information.

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With these observations and directions, the Original Petition (Civil) will stand finally disposed of.

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Sd/-

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ALEXANDER THOMAS, Judge.

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Bkn/-

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// True copy //

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P.A to Judge.

Nabeezath Beevi v. P.S. Ahammed Khan (Died)

Case brief

What is this about?

What did the court decide?

Nabeezath Beevi v. P.S. Ahammed Khan (Died)

Case brief

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