Jamsy v. Kunheethu Haji
Case brief
What is this about?
In an appeal against an order under Order 33 Rule 7(3) CPC, the High Court held the original petition not maintainable, dismissing it with liberty to approach the appellate court concerning the impugned order.
What did the court decide?
Original petition dismissed with liberty to prefer appeal before the appellate court challenging the impugned order.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946
OP(C) NO. 2626 OF 2023 AGAINST THE ORDER/JUDGMENT DATED 09.11.2023 IN OS NO.71 OF 2020 OF ASSISTANT SESSIONS COURT/SUB COURT/ COMMERCIAL COURT, MANJERI
PETITIONER/PETITIONER/PLAINTIFF:
JAMSY AGED 42 YEARS,D/O PARAPPURATH KUNHOOTTI, NIRAMARATHOOR VILLAGE, AMSON DESOM TIRUR TALUK, MALAPPURAM PO PALOLIPARAMBA, PERINTHALMANNA THALUK, PIN – 679322
BY ADVS. SHARAN SHAHIER STEPHY MARY SAJI TREESA SHAJI ITTY PAULSON
RESPONDENT/RESPONDENT/DEFENDANT:
KUNHEETHU HAJI AGED 70 YEARS S/O KUNNATH AHAMMED HAJI, THOOTHA PO, PARAL AMSOM DESOM, ALIPARAMBA VILLAGE, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT., PIN – 679322
Issues for consideration
2 issues framed by the court
Whether the original petition filed under Order 33 Rule 7(3) of CPC is maintainable against an impugned order.
Whether time consumed in the High Court should be excluded while computing limitation for appeal.
Parties & counsel
- petitioner
JAMSY
- respondent
KUNHEETHU HAJI
Coram
DR. KAUSER EDAPPAGATH
Case details
As recorded by the court registry
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