The High Court permitted the petitioner to file objections to an application before the District Court, Thalassery, and directed disposal within ten days.
Permitted petitioner to file objections within twenty working days; directed lower court to decide the application within ten days of filing objections.
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
MONDAY, THE 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941
OP(C).No.2672 OF 2019
AGAINST THE ORDER/JUDGMENT I.A.No.1542/2019 IN CMA 45/2019 OF DISTRICT COURT, THALASSERY
PETITIONER/S:
RAJANEESH.T AGED 36 YEARS S/O. KRISHNAN, NANJAROTH HOUSE, IRITTY P.O, THALASSERY, NOW RESIDING AT DS APARTMENT, NEAR MEDICAL COLLEGE, VELLIPARAMBU P.O, KOZHIKODE, PIN-673 008
BY ADVS. SRI.I.DINESH MENON SRI.L.RAJESH NARAYAN
RESPONDENT/S:
M/S.SHRIRAM TRANSPORT FINANCE COMPANY LIMITED BRANCH OFFICE, IRITTY, IRITTY P.O, PIN-670 703, REP. BY ITS MANAGER.
R1 BY ADV. SRI.RAJESH NAMBIAR
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 25.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.2672 OF 2019
JUDGMENT
The first prayer of the petitioner is to grant an opportunity to the petitioner to file objection to I.A.No.1542/2019 in CMA No.45/2019 on the files of the District Court, Thalassery. In view of the limited nature of the prayer, the court below is directed to permit the petitioner to file objection to I.A.No.1542/2019 in CMA No.45/2019. If the petitioner files objection within twenty working days from today, the further proceedings shall be kept in abeyance till a decision is taken on I.A.No.1542/2019.
The court below is also directed to take a decision on I.A.No.1542/2019 in
OP(C).No.2672 OF 2019
CMA No.45/2019, in accordance with law, as
expeditiously as possible, and at any rate, within ten days from the date of filing of the objection, if the petitioner files objection within the time as stated above.
This O.P.(C) stands disposed of as
above.
Sd/B. SUDHEENDRA KUMAR, JUDGE
STK
OP(C).No.2672 OF 2019
-4-
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 5.9.2019. EXHIBIT P2 TRUE COPY OF THE REQUEST DATED 30.09.2019.
1 issue framed by the court
Whether the petitioner is entitled to file objections to an application before the lower court.
RAJANEESH.T
M/S.SHRIRAM TRANSPORT FINANCE COMPANY LIMITED
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
