Hamsa vs Arun Nath

HAMSA vs Arun Nath

Type Court Judgment Court Kerala Decided May 31, 2023

~3 min read

https://sooperkanoon.com/case/1363430

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1363430
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: May 31, 2023
Case Number: OP(C)/1098/2023

Parties & Advocates

Appellant / Petitioner

HAMSA

Respondent

Arun Nath

Excerpt

.....the following:judgmentthe decree holder of an ex parte decree for recovery of money came up for a speedy disposal of the execution petition pending. inter alia it is contended that the respondent/defendant already exhausted the remedy under order 9 rule 13 cpc before the trial court to get the ex parte decree set aside, which was so far not taken up by the trial court. as such, there will be a direction to the trial court to take up that application for setting aside the ex parte decree within a time schedule of three weeks from the next posting date, and if it is found against, shall dispose of the ep within a further time of three months from that day. there is no necessity to issue notice to the respondent. hence, notice is dispensed with. the o.p(c) will stand allowed accordingly. sd/- p.somarajan judge msp appendix of op(c) 1098/2023 petitioner exhibits exhibit p1 true copy of the agreement for sale between the petitioner and respondent dated 2.1.2020 exhibit p2 true copy of the plaint is os no.188/2020 dated .2.2020 filed by the respondent before munsiff's court, kodungallur. exhibit p3 true copy of ia 1/2020 in os no.188/2020 preferred before munsiff's court, kodungallur dated .02.2020. exhibit p4 true copy of the injunction order in ia no.1/2020 in os no.188/2020 dated 25.2.2020. exhibit p5 true copy of ia no.1/2021 in os no. 43/2021 dated 23.2.2021 before the sub court exhibit p6 true copy of the status report in os no.43/2021 obtained from the website dated 26.2.2021. exhibit p7 true copy of the judgment dated 03.03.2022 in opc no. 160/2022, exhibit p8 true copy of the judgment in os no. 43/2021 dated 12.08.2022 of the hon'ble sub court, exhibit p9 true copy of the affidavit and petition dated 14.09.2022 in rpia no.125/2022 in o.s.no.43/2021 of sub court irinjalakuda. exhibit p10 true copy of the status report in rpia no.125/2022 dated 14.9.2022 obtained from the website. exhibit p11 true copy of the objection filed by the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 AGAINST THE ORDER DATED 12.08.2022 IN EP 159/2022 IN OS 43/2021 OF ADDITIONAL SUB COURT, IRINJALAKUDA PETITIONER/PLAINTIFF: HAMSA, AGED 78 YEARS, SON OF KUNJUMOHAMMED, KARUKAPARAMBIL HOUSE, MATHILAKAM P.O, PAPPINIVATTOM VILLAGE, KODUNGALLUR, THRISSUR - 680685 BY ADVS. I.DINESH MENON L.RAJESH NARAYAN RESPONDENT/DEFENDANT: ARUN NATH, AGED 47 YEARS, SON OF NALLANATHAN, KAITHAKATTU HOUSE, EDAVILANGU VILLAGE, KODUNGALLUR. EDAVILANGU P.O., THRISSUR., PIN - 680671 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The decree holder of an ex parte decree for recovery of money came up for a speedy disposal of the execution petition pending. Inter alia it is contended that the respondent/defendant already exhausted the remedy under Order 9 Rule 13 CPC before the trial court to get the ex parte decree set aside, which was so far not taken up by the trial court. As such, there will be a direction to the trial court to take up that application for setting aside the ex parte decree within a time schedule of three weeks from the next posting date, and if it is found against, shall dispose of the EP within a further time of three months from that day. There is no necessity to issue notice to the respondent. Hence, notice is dispensed with. The O.P(C) will stand allowed accordingly. Sd/- P.SOMARAJAN JUDGE msp APPENDIX OF OP(C) 1098/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT FOR SALE BETWEEN THE PETITIONER AND RESPONDENT DATED 2.1.2020 Exhibit P2 TRUE COPY OF THE PLAINT IS OS NO.188/2020 DATED .2.2020 FILED BY THE RESPONDENT BEFORE MUNSIFF'S COURT, KODUNGALLUR. Exhibit P3 TRUE COPY OF IA 1/2020 IN OS NO.188/2020 PREFERRED BEFORE MUNSIFF'S COURT, KODUNGALLUR DATED .02.2020. Exhibit P4 TRUE COPY OF THE INJUNCTION ORDER IN IA NO.1/2020 IN OS NO.188/2020 DATED 25.2.2020. Exhibit P5 TRUE COPY OF IA NO.1/2021 IN OS NO. 43/2021 DATED 23.2.2021 BEFORE THE SUB COURT Exhibit P6 TRUE COPY OF THE STATUS REPORT IN OS NO.43/2021 OBTAINED FROM THE WEBSITE DATED 26.2.2021. Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 03.03.2022 IN OPC NO. 160/2022, Exhibit P8 TRUE COPY OF THE JUDGMENT IN OS NO. 43/2021 DATED 12.08.2022 OF THE HON'BLE SUB COURT, Exhibit P9 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 14.09.2022 IN RPIA NO.125/2022 IN O.S.NO.43/2021 OF SUB COURT IRINJALAKUDA. Exhibit P10 TRUE COPY OF THE STATUS REPORT IN RPIA NO.125/2022 DATED 14.9.2022 OBTAINED FROM THE WEBSITE. Exhibit P11 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO EXT.P10, IN RP 125/2022 IN O.S. NO.43/2021 DATED 11.01.2023 Exhibit P12 THE TRUE COPY OF THE EP NO. 159/2022 IN OS NO. 43/2021 ON THE FILES OF HON'BLE SUB COURT IRINJALAKUDA DATED NIL Exhibit P13 TRUE COPY OF THE PROCEEDINGS IN EP NO.159/2022 PENDING BEFORE SUB COURT IRINJALAKUDA DATED 15.02.2023 OBTAINED FROM THE WEBSITE.

Same Court & Year Kerala · 2023 Same Parties HAMSA vs Arun Nath Same Judge Honourable Mr. Justice P.Somarajan