Dhamayanthi vs P. C. Sukumaran

Type Court Judgment Court Kerala Orders Decided Dec 19, 2023

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Citation: sooperkanoon.com/1357147
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice C. Jayachandran
Decided On: Dec 19, 2023
Case Number: CRP/104/2023

Parties & Advocates

Appellant / Petitioner

Dhamayanthi

Respondent

P. C. Sukumaran

Excerpt

.....k.v.antony(k/522/2015) vijina k.(k/229/2016) arul muralidharan(k/000853/2018) this civil revision petition having come up for admission on 19.12.2023, the court on the same day delivered the following: ..3..o r d e rdated this the 19th day of december, 2023 the revision petitioner is the claim petitioner in e.a. no.151/2020 in e.p. no.127/2015 in o.s. no.204/2013 of the munsiff's court, chittoor. theorder impugned herein is the one dated 15.12.2022in the aforesaid e.a.filed under order xxi, rule 97 of the code of civil procedure.2. learned counsel for the first respondent submits that this c.r.p. is not maintainable, inasmuch as the order impugned is a deemed decree, and hence appealable.3. this court finds force in the submission made by the learned counsel for the first respondent. ..4..4. learned counsel for the petitioner would,however, submit that the matter is posted for sale on 19.12.2023 and that a breathing time be granted to the petitioner to avail the legitimate remedy open to the petitioner. in the circumstances, even when this c.r.p. is dismissed as not maintainable, this court grants one week time to the petitioner to pursue the appellate remedy, during which period of one week, there will be a direction to the learned munsiff, chittoor, not to close e.p. no.127/2015. sd/- c. jayachandran judge skk//23.12.2023 ..5.. appendix of crp 104/2023 petitioners' annexures:- annexure a1 a true copy of the sale proclamation dated 19th december 2023 in e.p.no. munsiff, chittoor annexure a2 a true copy of the schedule of property of the sale proclamation dated 8th november 2023 annexure a3 a true copy of certified copy of the decree in original suit no. 127 of 2015 on the file of munsiff's court, chittoor

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 19TH DAY OF DECEMBER 2023/28TH AGRAHAYANA, 1945 CRP NO. 104 OF 2023 IN EP NO.127/2015 OF MUNSIFF'S COURT, CHITTUR REVISION PETITIONERS/CLAIM PETITIONERS: 1 DHAMAYANTHI AGED 64 YEARS, W/O. LATE P. K. SUKUMARAN, 2 P. S. ANANTHAKRISHNAN AGED 48 YEARS, S/O. LATE P. K. SUKUMARAN, 3 P. S. DINESH AGED 45 YEARS, S/O. LATE P. K. SUKUMARAN, 4 P. S. DIJESH AGED 38 YEARS, S/O. LATE P. K. SUKUMARAN, BY ADVS. SASI M.R. N.P.SILPA SREEKUMAR K.V. DHARMYA M.S KAVYA KRISHNAN S.SAJIT SANAL RESPONDENTS/RESPONDENTS/DEFENDANTS: 1 P. C. SUKUMARAN, S/O. CHIPRA, PATHIRAKKODE, PALLASSANA VILLAGE, CHITTUR TALUK, PIN - 678503. 2 SINDHU W/O. RAJU, PUTHANVEEDU, VIKKAPPU, KARIPPODE, 3 P. S. DEEPESH S/O. LATE P. K. SUKUMARAN, PUTHANVEEDU, ADICHIRA, NOW RESIDING IN KOZHIKKODE, PIN - 678503. ..2.. 4 P. S. DEEPIKA D/O. LATE P. K. SUKUMARAN, PUTHANVEEDU, ADICHIRA, NOW RESIDING AT PATTAMBI, PIN - 678503. 5 P. S. DEEPAK S/O. LATE P. K. SUKUMARAN, PUTHANVEEDU, ADICHIRA, NOW RESIDING ABROAD, PIN - 678503. BY ADVS. RAJESH SIVARAMANKUTTY MAYA C.P.(K/1727/1999) K.V.ANTONY(K/522/2015) VIJINA K.(K/229/2016) ARUL MURALIDHARAN(K/000853/2018) THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..3..

O R D E R

Dated this the 19th day of December, 2023 The revision petitioner is the claim petitioner in E.A. No.151/2020 in E.P. No.127/2015 in O.S. No.204/2013 of the Munsiff's Court, Chittoor. The

order impugned herein is the one dated 15.12.2022

in the aforesaid E.A.filed under Order XXI, Rule 97 of the Code of Civil Procedure.

2. Learned counsel for the first respondent submits that this C.R.P. is not maintainable, inasmuch as the order impugned is a deemed decree, and hence appealable.

3. This Court finds force in the submission made by the learned counsel for the first respondent. ..4..

4. Learned counsel for the petitioner would,

however, submit that the matter is posted for sale on 19.12.2023 and that a breathing time be granted to the petitioner to avail the legitimate remedy open to the petitioner. In the circumstances, even when this C.R.P. is dismissed as not maintainable, this Court grants one week time to the petitioner to pursue the appellate remedy, during which period of one week, there will be a direction to the learned Munsiff, Chittoor, not to close E.P. No.127/2015. Sd/- C. JAYACHANDRAN JUDGE Skk//23.12.2023 ..5.. APPENDIX OF CRP 104/2023 PETITIONERS' ANNEXURES:- ANNEXURE A1 A TRUE COPY OF THE SALE PROCLAMATION DATED 19TH DECEMBER 2023 IN E.P.NO. MUNSIFF, CHITTOOR ANNEXURE A2 A TRUE COPY OF THE SCHEDULE OF PROPERTY OF THE SALE PROCLAMATION DATED 8TH NOVEMBER 2023 ANNEXURE A3 A TRUE COPY OF CERTIFIED COPY OF THE DECREE IN ORIGINAL SUIT NO. 127 OF 2015 ON THE FILE OF MUNSIFF'S COURT, CHITTOOR

Same Court & Year Kerala Orders · 2023 Same Parties Dhamayanthi vs P. C. Sukumaran Same Judge Honourable Mr.Justice C. Jayachandran