Disposed

Muhammed Irshad v. Jayaprakash

Kerala HC26 Mar 2024OP(C)/798/2024

Case brief

AI extract

What is this about?

Petition filed for a direction to the lower court to issue a certified copy of an order dismissing an attachment before judgment application, required to file an appeal. The High Court directed the issuance of the certified copy.

What did the court decide?

Direction issued to the II Additional Sub Court, Thiruvananthapuram to issue a certified copy of the order dated 21.3.2024 in I.A.No.1/2023 in O.S.No.258/2023 to the petitioner as early as possible.

Muhammed Irshad Vs Jayaprakash — Civil Procedure and Limitation | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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TUESDAY, THE 26^TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946

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OP(C) NO. 798 OF 2024

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AGAINST THE ORDER DATED 21.03.2024 IN OS NO.258 OF 2023 OF ASSISTANT SESSIONS COURT/II ADDITIONAL SUB

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COURT,THIRUVANANTHAPURAM

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PETITIONER/PETITIONERS/PLAINTIFFS:

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1 MUHAMMED IRSHAD AGED 27 YEARS

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S/O SUNITHA BEEVI, RESIDING AT THERRIYODU PUTHUVAL PUTHENVEEDU, AYINGAMAM, PARASSALA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHPURAM, PIN - 695502

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2 SUNITHA BEEVI AGED 53 YEARS

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W/O NOOHUHAN, RESIDING AT VYDYALAYAM, VIZHINJAM DESOM, VIZINJAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM - 695521, NOW RESIDING AT THERRIYODU PUTHUVAL PUTHENVEEDU, AYINGAMAM, PARASSALA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM, PIN - 695502

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BY ADVS.ALEX.M.SCARIA SARITHA THOMAS SAHL ABDUL KADER

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RESPONDENTS/RESPONDENTS/DEFENDANT & PERSON SOUGHT TO BE IMPLEADED AS 2ND DEFENDANT IN IA 4/2024:

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O.P.(C).No.798/2024

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-:2:-

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1 JAYAPRAKASH AGED 73 YEARS S/O BENSON, RESIDING AT BETHEL HOUSE, K.S. ROAD, MUTTAKKADU DESOM, VENGANOOR VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM, PIN - 695527

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2 JAIVIN J. PRAKASH AGED 23 YEARS S/O JAYAPRAKASH, RESIDING AT "BATHEL HOUSE", K.S. ROAD, KOVALAM P.O., THIRUVANANTHAPURAM, PIN - 695527

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P.(C).No.798/2024

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J U D G M E N T

Dated this the 26^th day of March, 2024

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Heard the learned counsel for the petitioner.

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The limited prayer of the petitioner is to give a direction to the II Additional Sub Court, Thiruvananthapuram to issue a certified copy of the order in I.A.No.1/2023 in O.S.No.258/2023.

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I.A.No.1/2023 was filed for attachment before judgment. Though initially attachment was granted, it was later lifted dismissing the petition as per order dated 21.3.2024. The learned counsel submits that unless he is given the certified copy of the order, he cannot challenge the said order before the appellate court. The learned counsel further submits that, in the meanwhile, the respondent Nos. 1 and 2 may alienate the property.

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Having heard the learned counsel for the petitioners, there shall be a direction to the II Additional Sub Court, Thiruvananthapuram to issue the certified copy of the order

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O.P.(C).No.798/2024

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-:4:-

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dated 21.3.2024 in I.A.No.1/2023 to the petitioner, in

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accordance with the Rules, as early as possible.

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The original petition is disposed of.

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sd/-

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DR. KAUSER EDAPPAGATH

JUDGE

O.P.(C).No.798/2024

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APPENDIX OF OP(C) 798/2024

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE PLAINT IN O.S. 258/2023 ON THE FILES OF THE 2ND ADDITIONAL SUB JUDGE'S COURT, THIRUVANANTHAPURAM. Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 10/11/2021 WITH THE 1ST RESPONDENT. Exhibit P3 TRUE COPY OF THE SALE DEED BEARING NO. 1258/2022 OF THIRUVALLAM S.R.O ON 08/07/2022 BY THE 1ST RESPONDENT IN FAVOUR OF THE 2ND PETITIONER HEREIN. Exhibit P4 TRUE COPY OF THE BANK STATEMENT DATED 12/03/2024 IN RESPECT OF PAYMENT OF THAT AMOUNT. Exhibit P5 TRUE COPY OF THE ATTACHMENT APPLICATION IN I.A. NO. 1/2023 DATED 20/12/2023. Exhibit P6 TRUE COPY OF THE STATEMENT OF OBJECTION DATED 09/01/2023 FILED AGAINST I.A. 2/2023. Exhibit P7 TRUE COPY OF THE CLAIM PETITION AS IA 2/2024 DATED 15/01/2024. Exhibit P8 TRUE COPY OF THE SETTLEMENT DEED DATED 13/09/2023 BEARING NO. 1501/2023 OF THIRUVALLAM S.R.O. Exhibit P9 TRUE COPY OF THE I.A. NO. 3/2024 DATED 03/02/2024 FOR IMPLEADING THE 2ND RESPONDENT HEREIN AS 2ND DEFENDANT IN EXHIBIT P-1 SUIT.

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O.P.(C).No.798/2024

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-:6:-

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Exhibit P10 TRUE COPY OF THE I.A. 4/2024 DATED 03/02/2024 FOR AMENDMENT OF THE EXHIBIT P1 PLAINT

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Exhibit P11 TRUE COPY OF THE I.A. NO. 5/2024 DATED 13/03/2024 FOR ACCEPTING ADDITIONAL DOCUMENTS.

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Exhibit P12 TRUE PRINTOUT OF THE TRIAL COURT PROCEEDINGS DATED 21/03/2024 OF EXHIBIT P1 SUIT IN RESPECT OF THE ORDER IN IA 1/23 (EXHIBIT P5 HEREIN).

Muhammed Irshad v. Jayaprakash

Case brief

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Muhammed Irshad v. Jayaprakash

Case brief

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