Judgment debtor in a money ex-parte decree execution petition sought dismissal of her petitions to set aside the decree be challenged. As the restoration petition was also dismissed for default, nothing survived and the Court dismissed the original petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946 OP(C) NO. 2190 OF 2023
EP NO.38 OF 2019 OF ADDITIONAL SUB COURT,ATTINGAL PETITIONER/PETITIONER/JUDGMENT DEBTOR/DEFENDANT:
SUSHA.S, AGED 63 YEARS, PRASANNA BHAVAN, CHENNAMCODE, VADASSERIKONAM P.O., OTTOOR VILLAGE, ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101
BY ADVS.DEEPU THANKAN UMMUL FIDA, LAKSHMI SREEDHAR LEKSHMI P. NAIR NAMITHA K.M.
RESPONDENT/DECREE HOLDER/PLAINTIFF:
BRIJITH DANIEL, AGED 53 YEARS SAJAN DALE, KUNNUELCHERI, MARATHADI P.O., KOLLAM, PIN - 695101
BY ADVS.M.R. Rajesh SANDHYA E.S.(K/2568/1999)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Ext.P8 order passed by the Sub Court, Attingal (for short 'the trial court') is under challenge in this original petition.
The learned counsel for the respondent submitted that
O.P.(C).No.2190/2023
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Ext.P7 application filed by the petitioner to restore the dismissal
of I.A.Nos. 137 and 138 of 2022 was also dismissed for default
on 9.1.2024. Therefore, nothing survives for consideration.
Accordingly, the original petition is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
O.P.(C).No.2190/2023
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APPENDIX OF OP(C) 2190/2023
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE PLAINT IN O.S.NO.40/2016 ON THE FILE OF SUB COURT, ATTINGAL DATED NIL Exhibit P- 2 A TRUE COPY OF THE EXPARTE DECREE PASSED IN O.S.NO.40/2016 ON THE FILE OF SUB COURT, ATTINGAL DATED 30/11/2018 Exhibit P-3 A TRUE COPY OF THE EP 38/2019 ON THE FILE OF THE SUB COURT, ATTINGAL DATED 06/07/2019 Exhibit P-4 A TRUE COPY OF THE PETITION TO SET ASIDE EXPARTY DECREE FILED AS I.A. NO. 138/2022 ON THE FILES OF THE SUB COURT, ATTINGAL DATED NIL Exhibit P-5 A TRUE COPY OF THE APPLICATION TO CONDONE THE DELAY IN FILING THE APPLICATION TO SET ASIDE THE EXPARTY DECREE FILED AS I.A. NO. 137/2022 ON THE FILES OF THE SUB COURT, ATTINGAL DATED NIL
Exhibit P-6 A TRUE COPY OF THE PETITION TO STAY THE EXECUTION PROCEEDINGS FILED AS E.A.175/2022 IN E.P. 38/2019 IN O.S. NO. 40/2016 ON THE FILES OF THE SUB COURT, ATTINGAL DATED NIL Exhibit P-7 A TRUE COPY OF THE RESTORATION PETITION NO. 87/2023 DATED 7/6/2023 O.S. NO. 40/2016 ON THE FILES OF THE SUB COURT, ATTINGAL DATED NIL
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Exhibit P-8
A TRUE COPY OF THE ORDER IN EA 17/2022 IN EP 38/2019 IN OS 40/2016 ON THE FILES OF THE SUB COURT, ATTINGAL DATED 16/08/2023
1 issue framed by the court
Whether the dismissal for default of the judgment debtor's applications to set aside the ex-parte decree justified dismissing the original petition?
Susha S
Brijith Daniel
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
