Dismissed

K.K. Pankajakshan v. K. Mariyamma Varkey

Kerala HC11 Jan 2019OP(C)/3596/2017

Case brief

AI extract

What is this about?

The court observed that appeals filed in the Additional District Court were not maintainable due to lack of pecuniary jurisdiction and should have been filed here. It granted the petitioner an extension to invoke the Limitation Act. Execution proceedings were deferred for one month to allow the petitioner to pursue remedies. No specific suit subject matter was identified in the text.

What did the court decide?

Petitioner allowed to invoke Section 14 of the Limitation Act; execution proceedings deferred for one month.

K.K. Pankajakshan Vs K. Mariyamma Varkey — Execution and Attachment | 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 SATHISH NINAN

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FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

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OP(C).No. 3596 of 2017

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AGAINST AS 372/2015 of I ADL.D.C., TRIVANDRUM

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PETITIONER:

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K.K. PANKAJAKSHAN

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AGED 62 YEARS, RESIDING AT 2M, HILL HEIGHTS, OPPOSITE TO TAGORE THEATRE, VAZHUTHACAUD, THIRUVANANTHAPURAM695010.(REPRESENTED BY HIS POWER OF ATTORNEY HOLDER V.SASIDHARAN, S/O.VASUDEVAN, AGED 73 YEARS, RESIDING AT VATTAVILAKATHU VEEDU, T.C.5/865/(1),CHEMPAKAMOODU JUNCTION, PEROORKADA P.O., THIRUVANANTHAPURAM-695005)

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BY ADVS. SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E)

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RESPONDENT:

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K. MARIYAMMA VARKEY

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AGED 86 YEARS, W/O.LATE K.S.VARKEY, POST BOX NO.8607, DUBAI,UNITE ARAB EMIRATES-REPRESENTED BY HER POWER OF ATTORNEY HOLDER SRI.ABY GEORGE, S/O.MR.P.A.GEORGE, AGED 47 YEARS, RESIDING AT FLAT NO.208, OMAN TOPAZ, 65/2A, SARJAPUR ROAD, AGARA POST, BANGALORE-560034.

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BY ADVS. SRI.V.AJAKUMAR SRI.SIDHARTH A.MENON

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(C).No. 3596 of 2017

JUDGMENT

Heard both sides.

Concededly, the appeals filed as A.S

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Nos.372 of 2015 and 373 of 2015 before the District Court were not maintainable since that Court lacked pecuniary jurisdiction to entertain the appeals and it ought to have been filed before this Court. The carbon copy of the judgment along with which the appeals are said to have been filed has since been returned by the District Court.

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In view thereof it will be open for the petitioner to have the appeals represented before

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this Court. As regards the delay in filing the appeal before this Court, necessarily the petitioner shall be entitled to invoke the provisions of Section 14 of the Limitation Act.

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OP(C).No. 3596 of 2017

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In view of the fact that further proceedings

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in execution were stayed by this Court in this Original Petition and the stay was in force since 18.12.2017, further proceedings in execution shall be deferred for a period of one month in order to enable the petitioner to workout his remedies.

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Sd/- Sathish Ninan, Judge

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vdv

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OP(C).No. 3596 of 2017

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 246-2015 IN O.S.NO.175/2011 BEFORE THE ADDITIONAL SUB COURT-I, THIRUVANANTHAPURAM.

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EXHIBIT P2 TRUE COPY OF THE APPEAL MEMORANDUM IN A.S.NO.372/2015 DATED 21-8-2015 AND I.A.NO.665 OF 2017.

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EXHIBIT P3 TRUE COPY OF THE APPEAL MEMORANDUM IN A.S.NO.373/2015 DATED 21-8-2015.

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EXHIBIT P4 TRUE COPY OF THE COMMON ORDER IN I.A.NO.372/2015 AND 373/2015 DATED 18-11-2017 OF THE ADDITIONAL DISTRICT COURT-I, THIRUVANANTHAPURAM.

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EXHIBIT P5

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TRUE COPY OF THE E.P.78 OF 2016 IN O.S.NO.175/2011 ON THE FILE OF THE ADDITIONAL SUB COURT-I, THIRUVANANTHAPURAM.

K.K. Pankajakshan v. K. Mariyamma Varkey

Case brief

What is this about?

What did the court decide?

K.K. Pankajakshan v. K. Mariyamma Varkey

Case brief

What is this about?

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What the court decided

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