Disposed

Sanjith.K.Othayoth@Sanjith, v. P.Bino Chacko

Kerala HC7 Nov 2019OP(C)/410/2019

Case brief

AI extract

What is this about?

The Kerala High Court directed the lower court to expeditiously decide a pending claim petition in an execution case (within three months) before proceeding with further attachment of property, as per a previous interim order.

What did the court decide?

Directed the court below to dispose of E.A.No.145/2015 within three months and halt further proceedings against attached property until disposal.

Sanjith.K.Othayoth@Sanjith, Vs P.Bino Chacko — 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 B.SUDHEENDRA KUMAR

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THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941

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OP(C).No.410 OF 2019

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AGAINST THE ORDER/JUDGMENT IN OS 360/2013 OF PRINCIPAL SUB COURT, ALAPPUZHA

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PETITIONER/S:

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SANJITH.K.OTHAYOTH @ SANJITH, AGED 46 YEARS, S/O RADHAKRISHNAN, KRISHNANJALI, PATTENCHERRY LANE, POONITHURA MURI, POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM

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BY ADVS. SRI.K.REGHU KOTTAPPURAM SRI.MURUKESH REGHU

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RESPONDENT/S:

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1 P.BINO CHACKO, S/O JOSEPH CHACKO, BINO VILLA, PERUNNA, CHANGANASERRY 686 101.

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2 M/S D.K.AYUR HERITAGE HEALTH CENTRE PVT LTD, REGD OFFICE AT 170/1 CHAMPAKKULAM VILLAGE, REPRESENTED BY MANAGING DIRECTOR G. SATHISH C. DUTT, POORNAINDU, SANATHANAM WARD, ALAPUZHA 688 505.

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3 M/S D.K.AYUR HERITAGE VILLA AND REALTORS PVT LTD, REGD OFFICE AT 120/1, CHAMPAKKULAM VILLAGE, REPRESENTED BY THE MANAGING DIRECTOR G. SATHISH.C DUTT 688 5050

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4 G. SATHISH. C.DUTT, S/O LATE V.S.GOVINDADUTT, POORNAINDU, SANATHANAM ROAD, ALAPUZHA 688 5050.

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R1 BY ADV. SRI.MANU ROY

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 07.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No.410 OF 2019

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JUDGMENT

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This Court as per Ext.P11 judgment dated 31.07.2018 in O.P.(C) No.1668/2018 directed the court below to dispose of E.A.No.145/2015 in E.P.No.38/2014 in O.S.No.360/2013 expeditiously before proceeding further against the attached property. However, the EA is not yet decided. E.A.No.145/2015 is a claim petition.

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This being the situation, the court below is directed to dispose of E.A.No.145/2015 in E.P.No.38/2014 in O.S.No.360/2013, in accordance with law, as expeditiously as possible and at any rate within a period of three months from the date of

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OP(C).No.410 OF 2019

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receipt /production of a copy of this judgment. Till the

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disposal of the above claim petition, there shall not be

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any further proceeding against the attached property,

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as already directed in Ext.P11 judgment.

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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/07.11.2019

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OP(C).No.410 OF 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A PHOTO COPY OF SALE DEED NO 2161/2013 DATED 7.8.2013 EXHIBIT P2 A PHOTOCOPY OF SALE DEED NO 237/2013 DATED 25.1.2013 EXHIBIT P3 A PHOTO COPY OF SALE DEED NO 238/2013 DATED 25.1.2013 EXHIBIT P4 A PHOTO COPY OF SALE DEED NO 1556/2013 DATED 30.5.2013 EXHIBIT P5 A PHOTOCOPY OF JUDGMENT DATED 30.11.2013 IN OS 360/2013 EXHIBIT P6 A PHOTOCOPY OF E.A NO 145/2015 IN E.P. 38/2014 IN O.S 360/2013 EXHIBIT P7 A CERTIFIED COPY OF ORDER OF ATTACHMENT DATED 7.7.2016 IN E.A NO 291/2015 IN E.P NO 38/2014 IN OS NO 360/2013 EXHIBIT P8 A PHOTOCOPY OF THE RELEVANT PORTION OF THANDAPPER REGISTER MAINTAINED IN VILLAGE OFFICE CHAMPAKKULAM CONTAINING THE ENTRIES REGARDING T.P NO. 8399 AND 8441. EXHIBIT P9 A PHOTOCOPY OF CLAIM PETITION VIDE E.A NO 145/2015 IN E.P NO 38/2014 IN O.S NO 360/2013 EXHIBIT P10 A PHOTOCOPY OF ENCUMBRANCE CERTIFICATE NO 5168/14 DATED 18.11.2014 EXHIBIT P11 A PHOTOCOPY OF JUDGMENT DATED 31.7.2018 IN OP(CIVIL) NO 1668/2018

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RESPONDENT'S/S EXHIBITS:NIL

Sanjith.K.Othayoth@Sanjith, v. P.Bino Chacko

Case brief

What is this about?

What did the court decide?

Sanjith.K.Othayoth@Sanjith, v. P.Bino Chacko

Case brief

What is this about?

What did the court decide?

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