Judgment debtor challenged dismissal of her application to appoint an Advocate Commissioner to identify the decree schedule property in execution. The court found the property was already identified by the Taluk Surveyor assisting the Amin and identity had been adjudicated at trial, so no Commissioner was needed, and dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 26TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946 OP(C) NO. 799 OF 2024
AGAINST THE ORDER DATED 29.02.2024 IN EA 22/2024 IN EP NO.41 OF 2009 OF MUNSIFF MAGISTRATE COURT, DEVIKULAM PETITIONER/JUDGMENT DEBTOR IN EP/DEFENDANT IN OS:
P.K. PARVATHY AGED 54 YEARS W/O MURUKAN, MOOLAKKADA BHAGOM, OLD MUNNAR KARA, KDH VILLAGE, IDUKKI DISTRICT, PIN - 685595
BY ADVS.MANU VYASAN PETER P.B.KRISHNAN (SR.) P.B.SUBRAMANYAN SABU GEORGE MEERA P.
RESPONDENT/DECREE HOLDER IN EP/PLAINTIFF IN OS:
TATA TEA LIMITED
HAVING ITS REGISTERED OFFICE AT MUNNAR, REPRESENTED BY DEPUTY GENERAL MANAGER (CORPORATE AFFAIRS), MUNNAR P.O, K.D.H VILLAGE. IDUKKI DISTRICT, PIN - 685595
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O.P.(C).No.799/2024
J U D G M E N T
Dated this the 26th day of March, 2024
Ext.P22 order passed by the Munsiff's Court, Devikulam is under challenge in this original petition.
O.P.(C).No.799/2024
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the petitioner.
The original petition fails and it is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
O.P.(C).No.799/2024
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APPENDIX OF OP(C) 799/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 13.12.1996 IN O.S NO. 68 OF 1995 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM Exhibit P1(a) TRUE COPY OF THE DECREE DATED 13.12.1996 IN O.S NO. 68 OF 1995 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 25.01.2000 IN O.S NO. 226 OF 1995 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM Exhibit P3 TRUE COPY OF THE DECREE AND PLAN DATED 25.01.2000 IN O.S NO. 226 OF 1995 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 14.07.2009 IN A.S NO. 59 OF 2004 ON THE FILE OF THE ADDL. DISTRICT COURT - IV, THODUPUZHA
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 25.08.2022 IN R.S.A NO. 93 OF 2010 ON THE FILE OF THIS HON'BLE COURT
Exhibit P6 TRUE COPY OF E.P NO. 41 OF 2009 DATED 22.09.2009 IN O.S NO. 226 OF 1995 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM
Exhibit P7 TRUE COPY OF E.A NO. 84 OF 2022 DATED 03.12.2022 IN E.P NO. 41 OF 2009 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM
O.P.(C).No.799/2024
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Exhibit P8 TRUE COPY OF THE OBJECTION DATED 08.12.2022 IN E.A NO. 84 OF 2022 IN E.P NO. 41 OF 2009 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM
Exhibit P9 TRUE COPY OF THE ORDER DATED 12.12.2022 IN E.A NO. 84 OF 2022 IN E.P NO. 41 OF 2009 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM Exhibit P10 TRUE COPY OF E.A NO. 90 OF 2022 DATED 14.12.2022 IN E.P NO. 41 OF 2009 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM
Exhibit P11 TRUE COPY OF THE OBJECTION DATED 15.12.2022 IN E.A NO. 90 OF 2022 IN E.P NO. 41 OF 2009 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM
Exhibit P12 TRUE COPY OF THE ORDER DATED 06.01.2023 IN E.A NO. 90 OF 2022 IN E.P NO. 41 OF 2009 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM
Exhibit P13 TRUE COPY OF E.A NO. 2 OF 2023 DATED 13.01.2023 IN E.A NO. 2 OF 2023 IN E.P NO. 41 OF 2009 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM
Exhibit P14 TRUE COPY OF THE ORDER DATED 24.02.2023 IN E.A NO. 2 OF 2023 IN E.P NO. 41 OF 2009 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM
Exhibit P15 TRUE COPY OF THE ORDER DATED 04.01.2024 IN E.P NO. 41 OF 2009 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM
O.P.(C).No.799/2024
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Exhibit P16 TRUE COPY OF THE REPORT DATED 18.01.2024 SUBMITTED BY THE TALUK SURVEYOR, DEVIKULAM
Exhibit P17 TRUE COPY OF THE WARRANT SUBMITTED BY THE AMIN ALONG WITH THE REPORT DATED 18.01.2024
Exhibit P18 TRUE COPY OF E.A NO. 11 OF 2024 DATED 19.01.2024 IN E.P NO. 41 OF 2009 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM
Exhibit P19 TRUE COPY OF THE OBJECTION DATED 23.01.2024 IN E.A NO. 11 OF 2024 IN E.P NO. 41 OF 2009 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM
Exhibit P20 TRUE COPY OF E.A NO. 22 OF 2024 DATED 06.02.2024 IN E.P NO. 41 OF 2009 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM
Exhibit P21 TRUE COPY OF THE OBJECTION DATED 16.02.2024 IN E.A NO. 22 OF 2024 IN E.P NO. 41 OF 2009 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM
Exhibit P22 TRUE COPY OF THE ORDER DATED 29.02.2024 IN E.A NO. 22 OF 2024 IN E.P NO. 41 OF 2009 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM
1 issue framed by the court
Was the Munsiff's Court justified in dismissing the application for appointment of an Advocate Commissioner to identify the decree schedule property during execution?
P.K. Parvathy
Tata Tea Limited
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
