Judgment debtor challenged the auction sale of house property in execution of an arbitral decree. Counsel for petitioner stated on admission day that the Original Petition was settled between the parties and not pressed; the court recorded this and dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 19TH DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945
OP(C) NO. 2730 OF 2015
AGAINST THE SALE OF HOUSE PROPERTY IN E.P. NO.708/2010 IN ARB. REF
NO.133/2008 OF II ADDITIONAL DISTRICT COURT, ERNAKULAM
PETITIONER/JUDGMENT DEBTOR NO.2:
1LUKOSE
AGED 58 YEARS
S/O.UTHUP, PARAPURATH HOUSE, NJATTUNGALA,
MAZHUVANNOOR P.O., ERNAKULAM DISTRICT.
BY ADVS.
SRI.P.M.JOSHI
SMT.SIJI K.PAUL
RESPONDENTS/DECREE HOLDER & ARBITRATOR IN ARB REF.NO.133/2008:
1MUTHOOT LEASING & FINANCE LTD
KURIAN TOWERS, BANERJI ROAD, KOCHI-18,
REPRESENTED BY THE AUTHORIZED SIGNATORY.
2C.R.SYAM KUMAR
ADVOCATE, 39/3154, SANGEETHM DIWANS ROAD, COCHI-16.
BY ADV SRI.SABU S.KALLARAMOOLA
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C.) No.2730 of 2015
2
C.JAYACHANDRAN, J.
O.P.(C.) No.2730 of 2015
Dated this the 19th day of February, 2024
JUDGMENT
Learned counsel for the petitioner would submit that the Original Petition is settled by and between the parties and the same is therefore not pressed. The said submission is recorded and the Original Petition is dismissed as not pressed.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/19-02
O.P.(C.) No.2730 of 2015
3
APPENDIX OF OP(C) 2730/2015
PETITIONER’S EXHI |
BITS: |
|---|---|
EXHIBIT P1 |
THE TRUE COPY OF THE ORDER DATED 21/11/2011 INCRL.RP NO.2552/2011 OF THE HONOURABLE HIGHCOURT. |
EXHIBIT P2 |
THE TRUE COPY OF THE ORDER IN CRL.MANO.1352/2015 IN CRRP NO.2552/2011 |
EXHIBIT P3 |
THE TRUE COPY OF THE MEMO DATED 30/3/2015 FILEDBY THE PETITIONER BEFORE THE JFCMC,MUVATTUPUZHA |
EXHIBIT P4 |
THE TRUE COPY OF THE AFFIXED AUCTION SALENOTICE DATED 30/10/2015 WITH DRAFT PROCLAMATION |
EXHIBIT P5 |
THE TRUE COPY OF THE APPLICATION DATED11/11/2015 BY THE 1ST PETITIONER TO THE 2NDRESPONDENT |
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
Lukose
Muthoot Leasing & Finance Ltd
C.R.Syam Kumar
C. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court