Thankavelu, vs Senthil Kumar,

Type Court Judgment Court Kerala Orders Decided Jun 30, 2023

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Citation: sooperkanoon.com/1361723
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Jun 30, 2023
Case Number: OP(C)/1405/2019

Parties & Advocates

Appellant / Petitioner

Thankavelu,

Respondent

Senthil Kumar,

Excerpt

.....original petition is dismissed as not pressed. sd/- p.somarajan judge dmr/- op(c) no.1405 of 2019 3 appendix of op(c) 1405/2019 petitioner's exhibits exhibit p1 true copy of the compromise arrived at between the petitioner and respondent in connection with o.s.no.27/2013 on the files of additional sub court, palakkad along with copy of the judgment dated 29/02/2016.exhibit p2 true copy of the execution petition filed by the respondent as e.p.no.68/2017 in o.s.no.27/2013 before the principal sub exhibit p3 true copy of the counter statement in connection with exhibit p2 execution petition on 14/07/2017. exhibit p4 true copy of the order dated 17/07/2017 in o.s.no.27/2013 before the sub court, palakkad. exhibit p5 true copy of the sale proclamation notice issued by the principal sub court palakkad in e.p.68/2017 in o.s.no.27/2013. exhibit p6 true photograph of the building proposed to be sold on the strength of exhibit p5. exhibit p7 true copy of the application dated 21/01/2019made by the petitioner for recording payment of a sum of rs.1/- lakh to the respondent in connection with e.p.no.68/2017 in o.s.no.27/2013 on the files of principal sub exhibit p8 true copy of the application dated 13/02/2019 filed by the petitioner before the principal sub court, in connection with e.p.no.68/2017 in o.s.no.27/2013. exhibit p9 true copy of the objection dated 13/02/2019 submitted by the petitioner against exhibit p8 application. op(c) no.1405 of 2019 4 exhibit p10 true copy of the order dated 01/03/2019 in connection with e.p.no.68/2017 in o.s.no.27/2013. // true copy // p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN FRIDAY, THE 30th DAY OF JUNE 2023 / 9TH ASHADHA, 1945 OP(C) NO. 1405 OF 2019 EP No.68/2017 IN OS 27/2013 OF PRINCIPAL SUB COURT, PALAKKAD PETITIONER: THANKAVELU, S/o RAMASWAMY THEVAR, VELANTHAVALAM, OZHALAPATHY, PALAKKAD - 678 587. BY ADVS. G.HARIHARAN SRI.PRAVEEN.H. SMT.K.S.SMITHA SRI.V.R.SANJEEV KUMAR RESPONDENT: SENTHIL KUMAR, AGED 64 YEARS, S/o SUBRAHMANIAN, MAMPULLY HOUSE, MAMPULLY VILLAGE, COIMBATORE DISTRICT- 641 006. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) No.1405 of 2019 2

JUDGMENT

Original Petition is not pressed into service. A memo to that effect was filed as early as on 14.06.2023. Hence, the Original Petition is dismissed as not pressed. Sd/- P.SOMARAJAN JUDGE DMR/- OP(C) No.1405 of 2019 3 APPENDIX OF OP(C) 1405/2019 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMPROMISE ARRIVED AT BETWEEN THE PETITIONER AND RESPONDENT IN CONNECTION WITH O.S.NO.27/2013 ON THE FILES OF ADDITIONAL SUB COURT, PALAKKAD ALONG WITH COPY OF THE JUDGMENT DATED 29/02/2016.

EXHIBIT P2 TRUE COPY OF THE EXECUTION PETITION FILED BY THE RESPONDENT AS E.P.NO.68/2017 IN O.S.NO.27/2013 BEFORE THE PRINCIPAL SUB EXHIBIT P3 TRUE COPY OF THE COUNTER STATEMENT IN CONNECTION WITH EXHIBIT P2 EXECUTION PETITION ON 14/07/2017. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 17/07/2017 IN O.S.NO.27/2013 BEFORE THE SUB COURT, PALAKKAD. EXHIBIT P5 TRUE COPY OF THE SALE PROCLAMATION NOTICE ISSUED BY THE PRINCIPAL SUB COURT PALAKKAD IN E.P.68/2017 IN O.S.NO.27/2013. EXHIBIT P6 TRUE PHOTOGRAPH OF THE BUILDING PROPOSED TO BE SOLD ON THE STRENGTH OF EXHIBIT P5. EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 21/01/2019

MADE BY THE PETITIONER FOR RECORDING PAYMENT OF A SUM OF RS.1/- LAKH TO THE RESPONDENT IN CONNECTION WITH E.P.NO.68/2017 IN O.S.NO.27/2013 ON THE FILES OF PRINCIPAL SUB EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 13/02/2019 FILED BY THE PETITIONER BEFORE THE PRINCIPAL SUB COURT, IN CONNECTION WITH E.P.NO.68/2017 IN O.S.NO.27/2013. EXHIBIT P9 TRUE COPY OF THE OBJECTION DATED 13/02/2019 SUBMITTED BY THE PETITIONER AGAINST EXHIBIT P8 APPLICATION. OP(C) No.1405 of 2019 4 EXHIBIT P10 TRUE COPY OF THE ORDER DATED 01/03/2019 IN CONNECTION WITH E.P.NO.68/2017 IN O.S.NO.27/2013. // TRUE COPY // P.A. TO JUDGE

Same Court & Year Kerala Orders · 2023 Same Parties Thankavelu, vs Senthil Kumar, Same Judge Honourable Mr. Justice P.Somarajan