Dismissed

Mohanan v. Shylaja

Kerala HC13 Jun 2022OP(C)/2339/2013

Case brief

AI extract

What is this about?

The Single Judge of the Kerala High Court dismissed an original petition filed in 2013 to set aside an order in an execution application, noting that the petition remained un-moved since filing. The court indicated no further relief was available as the underlying execution petition was pending since 2012. Hence, without prejudice to rights, the petition was dismissed.

What did the court decide?

dismissed the original petition without prejudice to the petitioner's right to work out remedies.

Mohanan Vs Shylaja — Execution and Attachment | Kerala HC (2022)

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OP(C) NO. 2339 OF 2013

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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 C.S.DIAS

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MONDAY, THE 13^TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944

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OP(C) NO. 2339 OF 2013

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AGAINST E.A 225/2013 IN E.P.481/2012 IN OS 454/1996 OF THE IST ADDITIONAL SUB COURT, KOZHIKODE

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PETITIONER/PETITIONER/6TH JUDGMENT DEBTOR/7TH DEFENDANT:

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MOHANAN

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AGED 56 YEARS S/O.PARAPPURATH CHANDUKUTTY, PARAPPURATH HOUSE,KURUVATTOOR, KOZHIKODE DISTRICT.

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BY ADVS. SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH

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RESPONDENT/RESPONDENT & PETITIONERS 1 TO 5 AND 7 TO 8/DECREE

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HOLDER & JUDGMENT DEBTORS 1 TO 5 AND 7 TO 8/PLAINTIFF AND

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DEFENDANTS 1 TO 6 & 8 TO 10:

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1 SHYLAJA D/O.PACHAN, PUTHALINGARA HOUSE, NELLIKODE P.O. MEDICAL COLLEGE, KOZHIKODE - 673008.

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2 PARAPURATH BHASKARAN S/O.CHANDUKUTTY PARAPPURATH HOUSE, KURUVATTOOR, KOZHIKODE 673611

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3 PARAPPURATH SANTHAKUMARI PARAPPURATH HOUSE KURUVATTOOR, KOZHIKODE 673611

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4 SATHEEDEVI D/O.PARAPPURATH CHANDUKUTTY PARAPPURATH HOUSE, KURUVATTOOR, KOZHIKODE 673611

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5 RAJAN S/O.PARAPPURATH CHANDUKUTTY PARAPPURATH HOUSE KURUVATTOOR, KOZHIKODE - 673611

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OP(C) NO. 2339 OF 2013

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6 RADHAMANI D/O.PARAPPURATH CHANDUKUTTY AGED 64 YEARS PARAPPURATH HOUSE, KURUVATTOOR, KOZHIKODE 673611

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7 UNIKOCHAN PARAMBA DEVI W/O.LATE BHARATHAN, PARAPPURATH HOUSE,KURUVATTOOR, KOZHIKODE - 673611.

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8 U.P.EKANATH S/O.LATE BHARATHAN PARAPPURATH HOUSE KURUVATTOOR, KOZHIKODE - 673611

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9 U.P.BIJU NATH S/O.LATE BHARATHAN PARAPPURATH HOUSE, KURUVATTOOR, KOZHIKODE 673611

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

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13.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 2339 OF 2013

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JUDGMENT

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The original petition is filed, to set aside the order dated 9.4.2013 passed by the Court of the Subordinate Judge, Kozhikode, in E.A No.225/2013 in E.P. No.481/2012 in O.S. 142/1997.

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Even though this original petition was filed on 4.7.2013, the same has not been moved till date, the original petition is not admitted and no interim order is passed. Since the execution petition itself is of the year 2012, I assume that nothing further survives in this original petition. Hence, without prejudice to the right of the petitioner to work out his remedies, in accordance with law, this original petition is dismissed.

Sd/

C.S.DIAS JUDGE

ma/13.06.2022

OP(C) NO. 2339 OF 2013

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APPENDIX OF OP(C) 2339/2013

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PETITIONER EXHIBITS

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EXT.P-1 COPY OF THE DECREE IN O.S.NO.454 OF 1996 ON THE FILE OF THE 1ST ADDITIONAL SUB COURT, KOZHIKODE DATED 28.2.2009

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EXT.P-2 COPY OF THE PARTITION DEED NO.2751 OF 1993 OF KAKKODI SUB REGISTRARS OFFICE DATED 26.7.1993 EXECUTED BETWEEN BHARATHAN AND GANGADHARAN.

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EXT.P-3 COPY OF THE ASSIGNMENT DEED NO.2756 OF 1993 DATED 29.7.1993 OF KAKKODI SUB REGISTRAR'S OFFICE.

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EXT.P-4 COPY OF THE JUDGEMENT OF THIS HONOURABLE COURT IN R.S.A.NO.1080 OF 2012 DATED 18.9.2012`

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EXT.P-5 COPY OF THE COUNTER FILED BY THE PETITIONER IN EP NO.481 OF 2012 IN OS NO.454 OF 1996 OF THE 1ST ADDITIONAL SUB COURT, KOZHIKODE DATED 4.3.2013

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EXT.P-6 COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE KURUVATTOOR VILLAGE OFFICE DATED 15.6.2013

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EXT.P-7 COPY OF THE BASIC TAX RECEIPT ISSUED BY THE KURUVATTOOR VILLAGE OFFICE DATED 5.6.2013

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EXT.P-8 COPY OF THE ASSIGNMENT DEED NO.1420/2000 OF KAKKODI SUB REGISTRAR OFFICE EXECUTED BY THE 3RD RESPONDENT HEREIN TO THE PETTIONER DATED 29.4.2000

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EXT.P-9 COPY OF THE EXECUTION APPLICATION EA NO.225 OF 2013 IN EP NO.481 OF 2012 IN OS NO.454 OF 1996 OF THE 1ST ADDITIONAL SUB COURT, KOZHIKODE DATED 2.3.2013.

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EXT.P-10 COPY OF THE ORDER IN EA NO.225 OF 2013 IN EP NO.481 OF 2012 IN O.S. N.454 OF 1996 OF THE 1ST ADDITIONAL SUB COURT KOZHIKODE DATED 9.4.2013

Mohanan v. Shylaja

Case brief

What is this about?

What did the court decide?

Mohanan v. Shylaja

Case brief

What is this about?

What did the court decide?

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