Remanded

Jayarajan v. Mahasudharsanam Corporation

Kerala HC20 Nov 2019OP(C)/3231/2016

Case brief

AI extract

What is this about?

The High Court of Kerala set aside an order dismissing an application to recall a warrant for execution. It held that the Original Sub-Court lacked jurisdiction after the establishment of the Chavakkad Sub-Court, which covers the judgment-debtors' residence and properties, and directed the transfer of the execution petition to Chavakkad.

What did the court decide?

Set aside Ext.P4 order; direct the court below to transfer EP No.253/2003 in OS No.1013/2001 to the Sub-Court, Chavakkad for proceeding with the execution petition.

Jayarajan Vs Mahasudharsanam Corporation — Civil Procedure and Limitation | 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 B.SUDHEENDRA KUMAR

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WEDNESDAY, THE 20TH DAY OF NOVEMBER 2019 / 29TH KARTHIKA, 1941

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OP(C).No.3231 OF 2016(O)

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AGAINST THE ORDER/JUDGMENT IN OS 1013/2001 DATED 18-11-2016 OF II ADDITIONAL SUB COURT,THRISSUR

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PETITIONER/S:

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JAYARAJAN

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AGED 52 YEARS S/O.LATE NARAYANAN, KURUMBOOR HOUSE, PORKULAM VILLAGE, DESOM, THALAPPILLY TALUK

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BY ADV. SRI.DILIP J. AKKARA

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RESPONDENT/S:

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1 MAHASUDHARSANAM CORPORATION REPRESENTED BY RECEIVER ADVOCATE C K KUNJIPORINCHU, NANDANAM APPARTMENT, C BLOCK, NEAR THIRUVANATH TEMPLE, AYYANTHOLE P O, THRISSUR 680003.

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2 VASUDEVAN

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S/O.LATE NARAYANAN, KURUMBOOR HOUSE, PORKULAM VILLAGE, DESOM, THALAPPILLY TALUK, PORKULAM -680542.

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3 LAKSHMIKUTTY W/O.VASUDEVAN, KURUMBOOR HOUSE, PORKULAM VILLAGE, DESOM, THALAPPILLY TALUK, PORKULAM -680542.

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R1 BY ADV. SRI.G.SREEKUMAR (CHELUR) R1 BY ADV. SRI.G.SREEKUMAR CHELUR R2-3 BY ADV. SRI.B.K.GOPALAKRISHNAN

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 20.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No.3231 OF 2016(O)

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JUDGMENT

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The petitioner is the first judgment-debtor in Ext.P1 execution petition filed by the decree holder, who is the first respondent herein. The decree was a money decree.

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The petitioner filed Ext.P3 application before

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the court below requesting the court to recall the warrant, contending that the court below had no territorial jurisdiction to entertain the execution petition. The court below passed Ext.P4 order dismissing the said application.

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Heard.

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OP(C).No.3231 OF 2016(O)

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After the establishment of Sub-Court,

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Chavakkad, the place of the residence of the judgmentdebtors was within the jurisdiction of the Sub-Court, Chavakkad. The properties of the judgment-debtors are also within the jurisdiction of the Sub-Court, Chavakkad. In the said circumstances, the Sub-Court, Chavakkad alone is having the jurisdiction to execute the decree. Consequently, the court below ceased to have jurisdiction to deal with the execution petition. Due to the establishment of the Sub-Court, Chavakkad, the court below had no jurisdiction to proceed with the execution petition. In the said circumstances, the court below was not justified in holding that the court below had the jurisdiction to entertain the execution petition as the execution petition was filed at the time, when

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OP(C).No.3231 OF 2016(O)

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the court below had the jurisdiction. For the said reason, I am inclined to set aside Ext.P4 order and

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direct the court below to transfer Ext.P1 E.P.No.253/2003 in O.S.No.1013/2001 to the Sub-

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Court, Chavakkad, in accordance with law. On getting

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the records, the Sub-Court, Chavakkad will proceed

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with the execution petition, in accordance with law.

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This Original Petition stands disposed of as above.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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RK/20.11.2019

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OP(C).No.3231 OF 2016(O)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 PHOTOCOPY OF EP 253/03 IN OS 1013/01 DTD 3/6/03 SUB COURT, THRISSUR

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EXHIBIT P2 PHOTOCOPY OF COUNTER DTD 2/7/2014 FILED BY JUDGMENT DEBTORS IN EXT P1 EP 253/03

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EXHIBIT P3 PHOTOCOPY OF EA 929/16 DTD 15/7/2016 IN EP 253/03 IN OS 1013/01 OF II ADDITIONAL SUB COURT THRISSUR.

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EXHIBIT P4 PHOTOCOPY OF ORDER 18/11/2016 OF II ADDITIONAL SUB COURT THRISSUR IN EA 929/16 IN EP 253/03 IN OS 1013/01.

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RESPONDENT'S/S EXHIBITS:NIL

Jayarajan v. Mahasudharsanam Corporation

Case brief

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Jayarajan v. Mahasudharsanam Corporation

Case brief

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