Disposed

R. Rajesh Kumar v. Shukapuram Kuries Private Limited

Kerala HC1 Nov 2023OP(C)/1981/2023

Case brief

AI extract

What is this about?

Petitioner filed an original petition to dismiss an execution petition pending before a Munsiff Court. The respondent plaintiff submitted they would not press the execution petition. The court closed the original petition and stayed execution until the lower court addresses the execution petition status.

What did the court decide?

Original petition closed; execution warrant not to be executed against petitioner until execution petition is addressed by the lower court.

R. Rajesh Kumar Vs Shukapuram Kuries Private Limited — 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 C. JAYACHANDRAN

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WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945
OP(C) NO. 1981 OF 2023

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AGAINST THE ORDER/JUDGMENT EP 39/2023 OF MUNSIFF COURT, ALATHUR
PETITIONERS:

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R. RAJESH KUMAR
AGED 44 YEARS
SON OF MR RAJAMANIKAM, ERATTUKULAMBU HOUSE, VANADAZY
(PO), PALAKKAD DISTRICT, PIN - 678706
BY ADVS.
SHAJI CHIRAYATH
JIJI M. VARKEY
M.K.SAFEELA BEEVI
SAVITHA GANAPATHIYATAN
M.M.SHAJAHAN

¶7

RESPONDENTS:

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1SHUKAPURAM KURIES PRIVATE LIMITED
REPRESENTED BY MANAGING DIRECTOR, K RADHAKRISHNAN, AGED
53, SON OF MR. VELAYUDHAN, KANDAMPULLI VEETTIL,
MOOKKUTHAM DESAM, NANNAMMUKK VILLAGE, PONNANI TALUK,
PIDAVANNOOR PO, MALAPPURAM DISTRICT, PIN - 679574
2R. RAMDAS
AGED 45 YEARS
SON OF MR. RAJAMANIKAM, RESIDING AT ERATTUKULAMBU
HOUSE, VANDAZHY (PO), PALAKKAD, PIN - 678706
BY ADVS.
K.R.ARUN KRISHNAN
DEEPA K.RADHAKRISHNAN(K/001131/2010)
JISSMON A KURIAKOSE(K/136/2020)
SANAL C.S(K/1555/2020)

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 1981 OF 2023 2

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JUDGMENT Dated this the 1^st day of November, 2023

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This original petition is preferred by the defendant in OS No. 74 of 2021 on the files of Munsiff’s Court, Ponnani. The defendant was set exparte and an exparte decree was passed. However, the same was set aside on an application made by the petitioner/defendants. Nevertheless, an execution petition was filed by the plaintiffs/respondents. The short prayer of the petitioner is to dismiss Ext.P1execution petition preferred by the plaintiffs.

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When this matter was taken up for consideration today, learned counsel for the respondent/plaintiff submitted that, the plaintiff will not press Ext.P1- execution petition, pending before the Munsiff’s Court, Alathur. The said submission is recorded and this original petition is accordingly closed. The warrant alleged to have been issued by the Munsiff’s Court against the petitioner herein shall not be executed, until the execution petition is not pressed and dismissed by the Court concerned.

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Sd/-

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C. JAYACHANDRAN
 JUDGE

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Asw

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OP(C) NO. 1981 OF 2023 3

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¶19

PETITIONER EXHIBITS
Exhibit P1COPY OF THE EXECUTION PETITION NO. 39 OF
2023 IN ORIGINAL SUIT 74 OF 2021 DATED
18TH FEBRUARY 2023 ON THE FILES MUNSIFF'S
COURT, ALATHUR
Exhibit P2COPY OF THE ORDER IN INTERLOCUTORY
APPLICATION NO. 2 OF 2022 IN ORIGINAL
SUIT NO. 74 OF 2021 DATED 30TH JANUARY
2023 ON THE FILES OF THE MUNSIFF'S COURT,
PONNANI
Exhibit P3COPY OF THE PROCEEDINGS DATED 14TH AUGUST
2023 UPLOADED IN THE E-COURTS SERVICES
PORTAL, IN ORIGINAL SUIT NO. 74 OF 2021
ON THE FILES OF THE MUNSIFF'S COURT,
PONNANI
Exhibit P4COPY OF THE PROCEEDINGS 18TH SEPTEMBER
2023 UPLOADED IN THE E-COURTS SERVICES
PORTAL, IN EXECUTION PETITION NO. 39 OF
2023 IN ORIGINAL SUIT NO. 74 OF 2021 ON
THE FILES OF THE MUNSIFF'S COURT, ALATHUR

R. Rajesh Kumar v. Shukapuram Kuries Private Limited

Case brief

What is this about?

What did the court decide?

R. Rajesh Kumar v. Shukapuram Kuries Private Limited

Case brief

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What did the court decide?

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