Partly allowed

Jayaram B. Bhat v. Surayya

Kerala HC9 Nov 2022OP(C)/437/2022

Case brief

AI extract

What is this about?

This order disposes an Original Petition challenging two interim applications (I.A. Nos. 9/2022 and 10/2022). The Court set aside the order in I.A. No. 9/2022 for reconsideration by the lower court, noting agreements by both parties. The matter in I.A. No. 10/2022 was resolved by reliance on a previous order.

What did the court decide?

Order in I.A. No. 9/2022 set aside and remanded for reconsideration; issue in I.A. No. 10/2022 disposed by reference to previous order.

Jayaram B. Bhat Vs Surayya — Civil Procedure and Limitation | Kerala HC (2022)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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WEDNESDAY, THE 9^TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA,

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1944

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OP(C) NO. 437 OF 2022

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AGAINST THE COMMON ORDER DATED 21/2/2022 IN I.A.NO.9/2022 AND IN I.A.NO.10/2022 IN O.S.NO.220/2021 OF 1ST ADDL.SUB COURT, ERNAKULAM

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PETITIONER/S:

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1 JAYARAM B. BHAT, AGED 56 YEARS, S/O.S.BALAKRISHNA BHAT, H.NO.VIII/569(A), T.D.EAST NADA, RAMESWARAM WEST MURI, KOCHI - 682 002.

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2 *SEETHALAKSHMI BHAT, AGED 79 YEARS, W/O.S.BALAKRISHNA BHAT, H.NO.VIII/569(A), T. D. EAST NADA, RAMESWARAM WEST MURI, KOCHI - 682 002, REP. BY HER SON & POWER OF ATTORNEY HOLDER, JAYARAM B. BHAT. (DIED)

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*** ADDL P3 IMPLEADED**

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ADDL.P3 BALAKRISHNA BHAT, AGED 80, S/O.SREENIVASA BHAT, H.NO.VIII/569 (A), T.D.EAST INDIA, RAMESWARAM WEST MURI, KOCHI - 682 002, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, JAYARAM B.BHAT.

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ADDITIONAL PETITIONER NO.3 IS IMPLEADED AS LEGAL REPRESENTATIVES OF PETITIONER NO.2 VIDE ORDER DATED 27.6.2022 IN I.A.NO.1/2022

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BY ADVS. DINESH R.SHENOY A.JOSEPH GEORGE EBIN MATHEW P.ROHIT PREMANANDAN SHENOY SILESH S. PRABHU SWATHI R. KRISHNAN

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O.P.(C) No.437/2022 2

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RESPONDENT/S:

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MRS.SURAYYA, AGED 49 YEARS, W/O.SHIRAZ, M/S.SYLCON, OLD NO.38/1404, (NEW NO.40/6950), CORPORATION OF COCHIN, NEAR PADMA THEATRE, M.G.ROAD, ERNAKULAM.

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BY ADVS. Adv.Reji George REJI GEORGE George BINOY DAVIS(K/1254/2012) NASEER MOIDU(K/367/2004)

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(C) No.437/2022 3

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JUDGMENT

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A.Muhamed Mustaque, J.

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This original petition was filed challenging orders in I.A.No.9/2022 and I.A.No.10/2022 in

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O.S.No.220/2021 on the file of the 1^st Addl. Sub Court, Ernakulam. Both the parties agreed that the original petition can be disposed of, so far as I.A.No.10/2022, in terms of the order passed by this Court on 27.06.2022. It is also agreed that the order in I.A.No.9/2022 can be reconsidered by the court, if so desirous at the appropriate stage. Accordingly, the order in I.A.No.9/2022 is set aside and remanded for reconsideration by the court below if necessary at the instance of the party/parties.

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The appeal is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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Sd/-

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SHOBA ANNAMMA EAPEN, JUDGE

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O.P.(C) No.437/2022 4

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APPENDIX OF OP(C) NO.437/2022

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE PHOTOCOPY OF AFFIDAVIT DATED 20.12.2021 FILED BY THE RESPONDENT / JUDGMENT DEBTOR IN EP NO.256/2021 IN RCP NO.153/2019, PRINCIPAL MUNSIFF COURT, ERNAKULAM. EXHIBIT P2 TRUE PHOTOCOPY OF PLAINT DATED 21.12.2021 IN OS NO.220/2021, 1ST ADDL. SUB COURT, ERNAKULAM. EXHIBIT P3 TRUE PHOTOCOPY OF IA 2/2021 DATED 21.12.2021 IN OS NO.220/2021, SUB COURT, ERNAKULAM. EXHIBIT P4 TRUE PHOTOCOPY OF IA 3/2021 (PETITION FOR ATTACHMENT) IN OS NO.220/2021, SUB COURT, ERNAKULAM. EXHIBIT P5 TRUE PHOTOCOPY OF IA 4/2021 (COMMISSION APPLICATION) IN OS NO.220/2021, SUB COURT, ERNAKULAM. EXHIBIT P6 TRUE PHOTOCOPY OF ORDER DATED 21.12.2021 IN IA 2/2021 IN OS NO.220/2021, SUB COURT, ERNAKULAM. EXHIBIT P7 TRUE PHOTOCOPY OF INTERIM REPORT DATED 22.12.2021 FILED BY ADV. COMMISSIONER ALEX M. JOSE IN IA NO.4/2021 IN OS NO.220/2021, 1ST ADDL. SUB COURT, ERNAKULAM. EXHIBIT P8 TRUE PHOTOCOPY OF MEMO PRODUCING THE KEYS FILED IN IA NO.4/2021 IN OS NO.220/2021, 1ST ADDL. SUB COURT, ERNAKULAM. EXHIBIT P9 TRUE PHOTOCOPY OF THE FINAL REPORT OF THE ADV. COMMISSIONER DATED 13.01.2022 TOGETHER WITH INVENTORY AND ROUGH SKETCH. EXHIBIT P10 TRUE PHOTOCOPY OF IA NO.10/2022 FILED IN OS NO.220/2021, SUB COURT, ERNAKULAM. EXHIBIT P11 TRUE PHOTOCOPY OF EA NO.40/2022 IN EP NO.256/2021 IN RCP NO.153/2019, MUNSIFF COURT, ERNAKULAM. EXHIBIT P12 TRUE PHOTOCOPY OF IA NO.09/2022 IN OS NO.220/2021, ADDL. SUB COURT, ERNAKULAM.

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O.P.(C) No.437/2022 5

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EXHIBIT	P13 TRUE PHOTOCOPY OF COUNTER AFFIDAVIT IN IA NO.09/2022 IN OS NO.220/2021, 1ST ADDL. SUB COURT, ERNAKULAM.
EXHIBIT	P14 TRUE PHOTOCOPY OF IA NO.11/2022 IN OS NO.220/2021, 1ST ADDL. SUB COURT, ERNAKULAM.
EXHIBIT	P15 TRUE PHOTOCOPY OF COUNTER AFFIDAVIT FILED IN IA NO.11/2022 IN OS NO.220/2021, 1ST ADDL. SUB COURT, ERNAKULAM.
EXHIBIT	P16 TRUE PHOTOCOPY OF COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN IA NO.10/2022 IN OS NO.220/2021, ADDL. SUB COURT, ERNAKULAM.
EXHIBIT	P17 TRUE PHOTOCOPY OF REPLY AFFIDAVIT DATED 11.02.2022 IN IA NO.10/2022 IN OS NO.220/2021, ADDL. SUB COURT, ERNAKULAM.
EXHIBIT	P18 TRUE PHOTOCOPY OF IA NO.08/2022 IN OS NO.220/2021, 1ST ADDL. SUB COURT, ERNAKULAM.
EXHIBIT	P19 TRUE PHOTOCOPY OF THE COMMON ORDER DATED 21.02.2022 PASSED IN IA NOS.2/2021, 8/2022, 9/2022 AND 10/2022 IN OS NO.220/2021, ADDL. SUB COURT, ERNAKULAM.

Jayaram B. Bhat v. Surayya

Case brief

What is this about?

What did the court decide?

Jayaram B. Bhat v. Surayya

Case brief

What is this about?

What did the court decide?

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