Disposed

Sreeraj S. v. Aby Abraham

Kerala HC28 Oct 2019Con.Case(C)/497/2019

Case brief

AI extract

What is this about?

This contempt petition by a petitioner alleged non-compliance with High Court directions. The respondent officer submitted that he complied by deleting attachment entries in the Register and issuing a fresh encumbrance certificate. The court accepted the submission and disposed of the petition.

What did the court decide?

The contempt pettion stands disposed of upon finding compliance with the earlier judgment.

Sreeraj S. Vs Aby Abraham — Contempt of Court | Kerala HC (2019)

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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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MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941

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Con.Case(C).No.497 OF 2019 IN WP(C). 24100/2018

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AGAINST THE JUDGMENT IN WP(C) 24100/2018(J) OF HIGH COURT OF KERALA

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PETITIONER:

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SREERAJ S. AGED 40 YEARS, S/O.M.N.SREEDHARAN NAIR,MUNDAPALLIL HOUSE,MANIMALA,KANJIRAPPALLY TALUK, MANIMALA VILLAGE,MANIMALA KARA, KARIKKATTOOR.P.O,KOTTAYAM DISTRICT.

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BY ADVS. SRI.CHERIAN GEE VARGHESE SRI.P.HARIDAS SRI.BIJU HARIHARAN SRI.R.B.BALACHANDRAN SRI.RENJI GEORGE CHERIAN SRI.P.C.SHIJIN SRI.RISHIKESH HARIDAS

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RESPONDENT/3RD RESPONDENT:

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1 ABY ABRAHAM, AGE AND FATHER'S NOT KNOWN TO THE PETITIONER,PRESENTLY WORKING AS SUB REGISTRAR,OFFICE OF THE SUB REGISTRAR,MALLAPPALLY,PATHANAMTHITTA DISTRICT,PIN-689 584.

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2 JAGADEESH KUMAR K AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, PRESENTLY WORKING AS SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, MALLAPPALLY, PATHANAM THITTA DISTRICT, PIN 689 645

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--IS IMPLEADED AS PER ORDER DATED 03-04-2019 IN IA 02/2019.

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SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).No.497 OF 2019

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ALEXANDER THOMAS, J.

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

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Cont. Court Case (Civil) No.497 of 2019

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

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Dated this the 28^th day of October, 2019

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JUDGMENT

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The above said contempt of Court case has been filed alleging non compliance of the directions issued by this Court in Anx.2 judgment dated 18.07.2018 rendered by this Court in W.P.(C) No. 24100/2018 filed by the petitioner herein.

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Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondent officer would submits on the basis of instructions that the respondent Officer has already complied with the directions in the said judgment by incorporating additional entries in Book No.1 in relation to subject property, whereby it has been specifically endorsed that the earlier impugned entries relating to the attachment of the the subject property will stand deleted and that fresh encumbrance certificate in that regard has also been issued to the petitioner herein. Learned Senior Government Pleader has also been made available a copy of the fresh encumbrance certificate so issued

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Con.Case(C).No.497 OF 2019

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wherein additional entries has been made in terms of Section 89 (5) of the Registration Act, 1908 mentioning about the deletion of the earlier impugned entries in relation to the attachment of the subject property etc.

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Recording the above said submissions made on behalf of the respondent Officer, the above Contempt of Court Case (Civil) will stand disposed of.

Sd/-

ALEXANDER THOMAS

JUDGE

mpm

Con.Case(C).No.497 OF 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE 2 TRUE COPY OF THE JUDGMENT IN WPC 24100/2018 DATED 18.7.2018.

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ANNEXURE 3 TRUE COPY OF THE R.P.NO.707/2018 IN WPC 24100/2018 DATED 5.9.2018 OF THIS HON'BLE COURT.

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ANNEXURE 4 TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE ON PROPERTY NO.4211/18 DATED 28.11.2018.

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ANNEXURE 5 TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE ON PROPERTY ISSUED TO THE PETITIONER BY THE ADDITIONAL 2ND RESPONDENT SOUGHT TO BE IMPLEADED DATED 20.03.2019.

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ANNEXURE 6 TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE ADDITIONAL 2ND RESPONDENT SOUGHT TO BE IMPLEADED DATED 22.03.2019.

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// TRUE COPY // P.A. TO JUDGE

Sreeraj S. v. Aby Abraham

Case brief

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Sreeraj S. v. Aby Abraham

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