Partly allowed

Leela C.J. @ Sr. Regina John, v. Life Insurance Corporation of India

Kerala HC24 Sept 2021Ex.FA/2/2021

Case brief

AI extract

What is this about?

Appeal against a review order in execution proceedings. The court directed the execution court to consider the matter afresh, giving parties a chance to address factual mistakes, and dispose within four months.

What did the court decide?

Appeal dismissed. Execution Court to consider matter afresh and dispose within four months, giving parties an opportunity to be heard.

Leela C.J. @ Sr. Regina John, Vs Life Insurance… — Execution and Attachment | Kerala HC (2021)

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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 P.SOMARAJAN

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FRIDAY, THE 24^TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943

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EX.FA NO. 2 OF 2021

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AGAINST THE ORDER/JUDGMENT DATED 19/10/2020 E.A.NO.990/2019 IN

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E.P.NO.156/2010 IN OS 401/2013 OF SUB COURT, KOZHIKODE

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PETITIONER/APPELLANTS:

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LEELA C.J. @ SR. REGINA JOHN, AGED 57 YEARS, D/O. JOHN, SOCIETY OF PRESENTATION SISTERS PRESENTATION CONVENT, CHEVAYUR AMSOM, KOZHIKODE TALUK, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SR. JEENA SEBASTIAN, AGED 61 YEARS, D/O. SEBASTIAN, SOCIETY OF PRESENTATION SISTERS, PRESENTATION CONVENT, CHEVAYUR, KOZHIKODE 673 017

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BY ADVS. JOJU KYNADY SRI.A.ABDUL NABEEL

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RESPONDENTS:

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1 LIFE INSURANCE CORPORATION OF INDIA, REPRESENTED BY SENIOR DIVISIONAL MANAGER, KOZHIKODE DIVISION HAVING ITS OFFICE AT JEEVAN PRAKASH, PB NO. 177, HUZUR ROAD, KOZHIKODE 673 001

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2 THE DIVISIONAL OFFICE, LIFE INSURANCE CORPORATION OF INDIA, REPRESENTED BY SENIOR DIVISIONAL MANAGER, JEEVAN PRAKASH, PB NO. 177 HUZUR ROAD, KOZHIKODE 673 001

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BY ADV SRI.S.EASWARAN

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THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON

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24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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EX.FA NO. 2 OF 2021 2

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JUDGMENT

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This appeal is against the order allowing review

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in execution proceedings. It is submitted that yet another suit was also there, wherein there was a deposit of Rs.10 lakhs which was taken into consideration by way of discharge to the decree amount involved in the present suit. There are some factual mistakes committed, as such, it is fairly conceded by the learned counsel for the appellant that an open remand of the matter would serve the purpose. Hence, without altering the order granting review of the matter, directions are issued to the Execution Court

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to consider the matter afresh after giving

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opportunities to both the parties untrammelled by the observation contained in the impugned order as well as the present order. There will be a direction to the

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Execution Court to dispose of the matter within a time schedule of four months from the date of appearance of the parties. The parties shall appear before the Execution Court on 06/10/2021.

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EX.FA NO. 2 OF 2021 3

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The appeal will stand dismissed accordingly with

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the abovesaid directions. No costs.

Sd/-

P.SOMARAJAN

JUDGE

msp

EX.FA NO. 2 OF 2021 4

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APPENDIX OF EX.FA 2/2021

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PETITIONER ANNEXURES

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ANNEXURE A1 TRUE COPY OF COMMON JUDGMENT DATED 7TH OCTOBER 2015 IN OS 348/2013 AND OS 401/2013

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ANNEXURE A2 TRUE COPY OF COMMON JUDGMENT DATED 29 SEPTEMBER 2018 IN AS 23/2016 IN OS 348/2013 AND AS 24/2016 IN 401/2013

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ANNEXURE A3 TRUE COPY OF IA NO. 2244/2018 IN OS 401/2018 FILED BY LIC BEFORE SUBORDINATE JUDGES COURT AT KOZHIKODE

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ANNEXURE A4 TRUE COPY OF EXECUTION PETITION EP NO. 156/2019 IN OS NO 401/2013 ON THE FILES OF SUBORDINATE JUDGES COURT AT KOZHIKODE

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ANNEXURE A5 TRUE COPY OF EXECUTION APPLICATION EA NO. 990/2019 IN EP NO. 156/2019 IN OS NO. 401/2013 ON THE FILES OF SUBORDINATE JUDGES COURT AT KOZHIKODE

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ANNEXURE A6 TRUE COPY OF ORDER DATED 29-11-2019 IN EA 848/2019 IN EP 156/2019 IN OS 401/2013

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RESPONDENTS ANNEXURES:

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ANNEXURE R1(A) TRUE COPY OF THE ORDER DATED 1.2.2020 IN EA 990/2019 IN EP NO.156/2019 IN OS NO.401 OF 2013

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ANNEXURE R1(B) TRUE COPY OF THE JUDGMENT DATED 13.3.2020 IN EX.FA.NO.6 OF 2020

Leela C.J. @ Sr. Regina John, v. Life Insurance Corporation of India

Case brief

What is this about?

What did the court decide?

Leela C.J. @ Sr. Regina John, v. Life Insurance Corporation of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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