The court directed the Additional District Court, Thrissur to dispose of a pending interlocutory application within twenty days and kept execution proceedings in abeyance pending that disposal.
Direction to Additional District Court, Thrissur to dispose IA No.3125/2019 within 20 days; execution proceedings kept in abeyance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 19TH DAY OF NOVEMBER 2019 / 28TH KARTHIKA, 1941
OP(C).No.2218 OF 2019
AGAINST THE ORDER/JUDGMENT IN CP 29/2016 OF III ADDITIONAL DISTRICT COURT, PALAKKAD
PETITIONER/S:
SOUJATH BEGAUM, AGED 53 YEARS W/O ABDUL AZEEZ, AZEEZ MANZIL , AISWARYA NAGAR, PUTHUNAGARAM P.O.PALAKKAD DISTRICT.
BY ADV. SRI.RAJESH SIVARAMANKUTTY
RESPONDENT/S:
MABEN NIDHI LTD, BUILDING NO 5/421, NEAR HIGH SCHOOL JUNCTION, VALAPPAD P.O.THRISSUR DISTRICT, REP BY LEGAL MANAGER, ARUNLAL, AGED 36 YEARS, S/O HARIHARAN 680 567.
R1 BY ADV. SRI.V.B.UNNIRAJ R1 BY ADV. SMT.R.S.GEETHA R1 BY ADV. SMT.K.SEEMA R1 BY ADV. SMT.P.ANITHA
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 19.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.2218 OF 2019
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JUDGMENT
When this matter has been taken up for
hearing, the learned counsel for the petitioner has submitted that the petitioner needs only a direction to the Execution Court to keep in abeyance the execution proceedings till the disposal of I.A.No.3125/2019 filed by the petitioner in AOP No.267/2018 on the files of the Additional District Court, Thrissur.
2. In view of the limited nature of the submission, the Additional District Court, Thrissur is directed to dispose of I.A.No.3125/2019, in accordance with law, as expeditiously as possible, and at any rate, within twenty days from the date of
OP(C).No.2218 OF 2019
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receipt/production of a copy of this judgment. Till then, the execution
proceedings in Ext.P2 execution petition, pending before the III Additional District Court, Palakkad, shall be kept in abeyance.
This O.P.(C) stands disposed of as
above.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE
STK
OP(C).No.2218 OF 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AWARD ALONG WITH LETTER FROM THE ARBITRATOR INTIMATING AND SENDING A SIGNED TRUE COPY OF TH AWARD IN CP.29/2016 DATED 11.11.2016 ALONG WITH THE POSTAL COVER.
EXHIBIT P2 TRUE COPY OF THE EP NO 95/2017 IN ARBITRATION PROCEEDINGS NO CP 29/2016 ON THE FILES OF THE DISTRICT JUDGES, PALAKKAD
EXHIBIT P3 TRUE COPY OF THE COUNTER STATEMENT IN EP NO 95/2017 IN CP 29/2016 FILED BY THE PETITIONER BEFORE THE DISTRICT COURT, PALAKKAD.
EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT AND PETITIONER EA NO 638/2018 IN EP NO 95/2017 IN CP 29/2016 FILED BY THE RESPONDENT BEFORE THE 111RD ADDITIONAL DISTRICT COURT, PALAKKAD.
EXHIBIT P5
TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER TO EXHIBIT P-4 BEFORE THE 111RD ADDITIONAL DISTRICT COURT, PALAKKAD.
EXHIBIT P6
TRUE COPY OF THE ORDER DATED 13.12.2018 IN EA NO 638/2018 IN EP NO 95/2017 IN CP NO 29/2016 PASSED BY THE 111RD ADDITIONAL DISTRICT JUDGE, PALAKKAD.
SOUJATH BEGAUM
MABEN NIDHI LTD
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
