Disposed

Renjitha Abraham v. the Manager

Kerala HC14 Aug 2023FAO/200/2015

Case brief

AI extract

What is this about?

The High Court at Ernakulam, in FAO No.200 of 2015, disposed of an appeal filed under O.XLIII R.1(d) CPC. The appeal challenged orders dismissing applications to set aside an exparte decree. The court observed that the decree debt had been fully paid and the loan account closed, and disposed of the appeal without reciting the satisfaction as a substantive holding.

What did the court decide?

The appeal was disposed of by recording the satisfaction of the decree debt.

Renjitha Abraham Vs the Manager — Execution and Attachment | Kerala HC (2023)

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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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MONDAY, THE 14^TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945

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FAO NO.200 OF 2015

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AGAINST THE ORDER DATED 5TH AUGUST, 2015 IN I.A.NO.682 OF 2015 AND 683 OF 2015 IN O.S NO.193 OF 2013 OF THE PRINCIPAL SUBORDINATE JUDGE'S COURT, KOTTAYAM

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APPELLANTS/PETITIONERS/DEFENDANTS:

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1 RENJITHA ABRAHAM

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AGED 25 YEARS

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D/O.ABRAHAM, KUNNELPPARAMBIL HOUSE, CHINGAVANAM P.O., NATTAKOM VILLAGE, KOTTAYAM.

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2 RAJU ABRAHAM AGED 55 YEARS

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S/O.CHACKO, KUNNELPPARAMBIL HOUSE, CHINGAVANAM P.O., NATTAKOM VILLAGE, KOTTAYAM.

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3 MOLAMMA ABRAHAM

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AGED 47 YEARS

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W/O.ABRAHAM, KUNNELPPARAMBIL HOUSE, CHINGAVANAM P.O., NATTAKOM VILLAGE, KOTTAYAM.

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BY ADV. SRI.R.RAJESH(PULLIKADA)

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RESPONDENT/RESPONDENT/PLAINTIFF:

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THE MANAGER

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CHINGAVANAM BRANCH, FEDERAL BANK, CHINGAVANAM, KOTTAYAM-686531.

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BY ADVS.

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Mohan Jacob George

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FAO No.200 of 2015

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P.V.PARVATHY (P-41)(K/000036/1991)

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REENA THOMAS(R-364) NIGI GEORGE(K/1169/2012)

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THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

FAO No.200 of 2015

J U D G M E N T

Anil K.Narendran, J.

The appellants are the defendants in O.S No.193 of 2013 on the file of the Sub Court, Kottayam, a suit filed by the respondent herein - plaintiff for recovery of an amount of Rs.6,42,212.50 together with interest. In the said suit, an exparte decree was passed against the appellants on 03.07.2013, allowing the plaintiff to recover a sum of Rs.6,42,212.50 from the defendants, together with interest at the rate of 6% per annum from 26.03.2013 till realisation. The appellants filed I.A No.682 of 2015, invoking the provisions under Order IX Rule 13 of the Code of Civil Procedure, 1908 to set aside the exparte decree. The said application was accompanied by I.A No.683 of 2015 to condone the delay of 662 days in filing the former application. Those applications ended in dismissal by separate orders dated 05.08.2015, which are under challenge in this appeals filed invoking the provisions under Order XLIII Rule 1(d) of the Code.

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FAO No.200 of 2015

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On 01.10.2015, when this appeal came up for

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admission, this Court issued notice to the respondent.

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Heard the learned counsel for the appellantsdefendants and also the learned counsel for the respondent - plaintiff.

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The learned counsel for the respondent-plaintiff would submit that the plaintiff-Bank had already received the entire decree debt and the loan account has also been closed.

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Since the decree has already been satisfied, recording the said fact, this appeal is disposed of.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/P.G. AJITHKUMAR, JUDGE

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Renjitha Abraham v. the Manager

Case brief

What is this about?

What did the court decide?

Renjitha Abraham v. the Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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