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Nissar vs Kunhabdulla

Nissar vs Kunhabdulla

Type Court Judgment Court Kerala Decided May 31, 2024
~2 min read
https://sooperkanoon.com/case/1312213

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
OP(C)/515/2024

Parties & Advocates

Appellant / Petitioner

Nissar

Respondent

Kunhabdulla

Excerpt

.....haji, valayam muri, , valayam village, kozhikkodue district, pin - 673517 2 ishu aged 70 years, w/o. ahammed haji, valayam muri, valayam village, kozhikkodue district, pin - 673517 by adv r.k.muraleedharan this op (civil) having come up for admission on 31.05.2024, the court on the same day delivered the following: ..2..judgmentthe impugned order is one passed under order xxxviii rule 6(2) of the cpc. it is appealable under order xliii rule 1(q) of cpc. hence, this original petition is dismissed with liberty to the petitioners to approach the appellate forum. sd/- dr. kauser edappagath judge apa ..3.. appendix of op(c) 515/2024 petitioner exhibits exhibit-p1 true copy of the suit os no. 46/2022 filed by the petitioners/plaintiffs before the sub court exhibit-p2 true copy of the application for attachment in os no. 46/2022 filed by the petitioners/plaintiffs before the sub court exhibit-p3 true copy of the application ia no.1/2022 in os 46/2022 for attachment filed by the petitioners /plaintiffs exhibit-p4 true copy of the interim order passed by the learned sub judge in ia no.1/2022 datedexhibit-p5 (a) true copy of the affidavit and written statement in ia no.1/ 2022 filed by the exhibit-p5 (b) true copy of the counter statement to petition in ia no.1/ 2022 filed by the exhibit-p6 true copy of the order in ia 01/2022 in oslearned sub judge vacating the attachment exhibit p7 true copy of the photocopies of the certain pages of the passport exhibit p8 true copy of the statement of accounts bearing account no.67188870063 exhibit p9 true copy of the statement of accounts bearing account no.3537101006117 exhibit p10 true copy of the statements of accounts releasing from state bank of india

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946 OP(C) NO. 515 OF 2024 AGAINST THE ORDER/JUDGMENT DATED 08.01.2024 IN I.A.NO.1/2022 IN OS NO.46 OF 2022 OF ASSISTANT SESSIONS COURT/SUB COURT/ COMMERCIAL COURT, KARUNAGAPPALLY PETITIONERS/PETITIONERS/PLAINTIFFS: 1 NISSAR AGED 56 YEARS, S/O. MUHAMMED KUNJU, KOLLAM DISTRICT, PIN - 690522 2 SHAMEEMA BEEVI AGED 48 YEARS, W/O. NISSAR, KOLLAM DISTRICT, PIN - 690522 BY ADV ABDUL SALIM M. RESPONDENTS/RESPONDENTS/DEFENDANTS: 1 KUNHABDULLA AGED 48 YEARS, S/O. AHAMMED HAJI, VALAYAM MURI, , VALAYAM VILLAGE, KOZHIKKODUE DISTRICT, PIN - 673517 2 ISHU AGED 70 YEARS, W/O. AHAMMED HAJI, VALAYAM MURI, VALAYAM VILLAGE, KOZHIKKODUE DISTRICT, PIN - 673517 BY ADV R.K.MURALEEDHARAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

JUDGMENT

The impugned order is one passed under Order XXXVIII Rule 6(2) of the CPC. It is appealable under Order XLIII Rule 1(q) of CPC. Hence, this original petition is dismissed with liberty to the petitioners to approach the appellate forum. Sd/- DR. KAUSER EDAPPAGATH JUDGE APA ..3.. APPENDIX OF OP(C) 515/2024 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE SUIT OS NO. 46/2022 FILED BY THE PETITIONERS/PLAINTIFFS BEFORE THE SUB COURT EXHIBIT-P2 TRUE COPY OF THE APPLICATION FOR ATTACHMENT IN OS NO. 46/2022 FILED BY THE PETITIONERS/PLAINTIFFS BEFORE THE SUB COURT EXHIBIT-P3 TRUE COPY OF THE APPLICATION IA NO.1/2022 IN OS 46/2022 FOR ATTACHMENT FILED BY THE PETITIONERS /PLAINTIFFS EXHIBIT-P4 TRUE COPY OF THE INTERIM ORDER PASSED BY THE LEARNED SUB JUDGE IN IA NO.1/2022 DATED

EXHIBIT-P5 (A) TRUE COPY OF THE AFFIDAVIT AND                 WRITTEN
               STATEMENT IN IA NO.1/ 2022 FILED               BY THE
EXHIBIT-P5 (B) TRUE COPY OF THE COUNTER                  STATEMENT TO
               PETITION IN IA NO.1/ 2022                FILED BY THE
EXHIBIT-P6             TRUE COPY OF THE ORDER IN IA 01/2022 IN OS

LEARNED SUB JUDGE VACATING THE ATTACHMENT EXHIBIT P7 TRUE COPY OF THE PHOTOCOPIES OF THE CERTAIN PAGES OF THE PASSPORT EXHIBIT P8 TRUE COPY OF THE STATEMENT OF ACCOUNTS BEARING ACCOUNT NO.67188870063 EXHIBIT P9 TRUE COPY OF THE STATEMENT OF ACCOUNTS BEARING ACCOUNT NO.3537101006117 EXHIBIT P10 TRUE COPY OF THE STATEMENTS OF ACCOUNTS RELEASING FROM STATE BANK OF INDIA

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Same Court & Year Kerala · 2024 Same Parties Nissar vs Kunhabdulla Same Judge Honourable Dr. Justice Kauser Edappagath

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