Dismissed
Dipin v. Arun
Kerala HCOP(C)/784/2023
Case brief
AI extract
What is this about?
In an objection to execution petition, the Court dismissed the petitioner's plea that he was not in custody of the seized vehicle. Finding the court below acted on default of the petitioner and the O.P. was a misuse of process, the Court ordered coercive steps to proceed.
What did the court decide?
O.P. dismissed; execution court directed to proceed with coercive steps against judgment debtor.
What the court decided
AI extract
¶1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
¶2
PRESENT
¶3
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
¶4
WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945
¶5
OP(C) NO. 784 OF 2023
¶6
AGAINST THE ORDER DATED 21.12.2022 IN E.P.NO.197/2016 IN O.S.NO.307/2013
OF PRINCIPAL MUNSIFF COURT, ERNAKULAM
¶7
PETITIONER/JUDGMENT DEBTOR:
¶8
DIPIN,
AGED 32 YEARS,
S/O. DASAN, PULPARA HOUSE,
NEAR SNDP TEMPLE, PANANGAD. P.O.,
ERNAKULAM – 682 506
¶9
BY ADVS.
ABDUL JALEEL.A
M.A.SULFIA
¶10
RESPONDENT/DECREE HOLDER:
¶11
ARUN,
AGED 35 YEARS,
S/O. MUKUNDAN,
SMITHA BHAVAN @ CHERIYAPARAMBIL,
KANJOOR DESOM, VADAKUMBHAGAOM VILLAGE,
ALUVA TALUK, ERNAKULAM- 683 111
Issues for consideration
1 issue framed by the court
AI extract
Whether the objection of non-possessed vehicle constitutes genuine ground for challenging execution or is misuse of process.
Parties & counsel
AI extract
- petitioner
DIPIN
- respondent
ARUN
Coram
AI extract
P.SOMARAJAN
Case details
As recorded by the court registry
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