Disposed

Meera Joy v. Sayuja Kuries Pvt.Ltd

Kerala HC25 Nov 2021OP(C)/3141/2018

Case brief

AI extract

What is this about?

This petition under Article 227 appealed an impugned order in a suit alleged to be barred by the Chit Funts Act, 1982. The High Court disposed of the matter by noting that the parties had settled their disputes and the underlying suit was decreed pursuant to the settlement. Therefore, no further adjudication on the allegations was rendered.

What did the court decide?

The petition was disposed of noting the settlement between parties and that the underlying suit was decreed in terms of the settlement.

Meera Joy Vs Sayuja Kuries Pvt.Ltd — Civil Procedure and Limitation | 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 ANIL K. NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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THURSDAY, THE 25^TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943

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O.P.(C)NO.3141 OF 2018

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AGAINST THE ORDER DATED 16.11.2018 IN I.A.NO.12476 OF 2018 IN

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O.S.NO.4930 OF 2014 ON THE FILE OF THE

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3RD ADDITIONAL MUNSIFF COURT,THRISSUR

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PETITIONERS:

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1 MEERA JOY, AGED 48 YEARS, W/O.JOY, MOOZHITHOTTIL HOUSE, KANAYANNUR TALUK, ELAMKULAM VILLAGE, KALOOR DESOM, ERNAKULAM DISTRICT, PIN - 682017.

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2 M.F.JOY ALIAS JOY FRANCIS,

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S/O.M.J.FRANCIS, AGED 59 YEARS,

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MUZHITHOTTIL HOUSE, KALOOR DESOM, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN-682017.

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BY ADV. BINOY VASUDEVAN

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RESPONDENT:

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1 SAYUJAYA KURIES PVT.LTD. THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR, SHAJAN ANTONY, AGED 51 YEARS, S/O.BAVELI ANTONY, MISSION QUARTERS, MANDAPATHU LANE, THRISSUR.

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BY ADVS. SRI.P.B.KRISHNAN SRI.SABU GEORGE SRI.P.M.NEELAKANDAN SHRI.ATHUL SHAJAN SRI.JOSEPH FREEMAN

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(C)NO.3141 OF 2018

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JUDGMENT

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Anil K. Narendran, J.

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The petitioners, who are defendants in O.S.No.4930 of 2014 on the file of the 3^rd Additional Munsiff's Court, Thrissur, have filed this original petition under Article 227 of the Constitution of India, seeking an order to set aside Ext.P6 order dated 16.11.2018 in I.A.No.12476 of 2018 in O.S.No.4930 of 2014 as the suit is barred under Section 64 of the Chit Funts Act, 1982. The petitioners have also sought for an order directing the court below to consider Ext.P5 interlocutory application, in accordance with law.

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On 27.11.2018, when this original petition came up for admission, this Court admitted the matter on file.

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On 18.12.2018, this Court granted an interim stay of

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all further proceedings in O.S.No.4930 of 2014 on the file of the 3^rd Additional Munsiff's Court, Thrissur, for a period of one month. The said interim order, which was extended from time to time, is still in force.

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Along with a memo dated 24.11.2021, filed on

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O.P.(C)NO.3141 OF 2018

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13.11.2021, the petitioners have pointed out that the disputes have now been settled between the parties and the suit has already been decreed in terms of that settlement.

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In such circumstances, this original petition is disposed of recording the fact that the parties have settled the disputes and O.S.No.4930 of 2014 has already been decreed in terms of that settlement.

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Sd/ANIL K. NARENDRAN, JUDGE

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Sd/P.G. AJITHKUMAR, JUDGE

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MIN

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O.P.(C)NO.3141 OF 2018

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO.4930 OF 2014 ON THE FILES OF THE 3RD ADDITIONAL MUNSIFFS COURT, THRISSUR.

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EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY DEFENDANTS IN O.S.NO.4930 OF 2014 ON THE FILES OF 3RD ADDITIONAL MUNSIFF'S COURT, THRISSUR.

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EXHIBIT P3 TRUE COPY OF THE TOP.NO.121 OF 2018, PENDING BEFORE PRINCIPAL DISTRICT COURT, TRICHUR.

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EXHIBIT P4 TRUE COPY OF PETITION IN I.A.NO.12476 OF 2018 IN O.S.NO.4930 OF 2014 ON THE FILES OF 3RD ADDITIONAL MUNSIFF'S COURT, THRISSUR.

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EXHIBIT P5 TRUE COPY OF THE OBJECTION IN I.A.NO.12476 OF 2018 IN O.S.NO.4930 OF 2014 ON THE FILES OF 3RD ADDITIONAL MUNSIFF'S COURT, THRISSUR.

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EXHIBIT P6 TRUE COPY OF THE ORDER DATED

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16.11.2018 IN I.A.NO.12476 OF 2018 IN O.S.NO.4930 OF 2014 ON THE FILES OF 3RD ADDITIONAL MUNSIFF'S COURT, THRISSUR.

Meera Joy v. Sayuja Kuries Pvt.Ltd

Case brief

What is this about?

What did the court decide?

Meera Joy v. Sayuja Kuries Pvt.Ltd

Case brief

What is this about?

What did the court decide?

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