Subaida vs George Benjamin

Type Court Judgment Court Kerala Decided Jul 31, 2023

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https://sooperkanoon.com/case/1377219

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Citation: sooperkanoon.com/1377219
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Jul 31, 2023
Case Number: OP(C)/1504/2023

Parties & Advocates

Appellant / Petitioner

Subaida

Respondent

George Benjamin

Excerpt

.....punnapra village, alappuzha district, pin - 688004 7 thressiyamma varghese, poonthrassery veedu, punnapra, alappuzha district, pin - 688004 by advs.sanal kumar s bhavana velayudhan(k/290/2003) t.j.seema(k/391/2002) this op (civil) having come up for admission on 31.07.2023, thecourt on the same day delivered the following: :: 2 ::judgmentdated this the 31st day of july 2023 the original petition is filed to direct the court of the munsiff, alappuzha to issue the certified copy of the order dated 12.7.2023 in e.a.169/23 in e.p.241/2011 within a time period.2. pursuant to the order dated 24.7.2023 passedby this court, the learned additional munsiff, by communication dated 26.7.2023 has informed this court that the copy application in respect of the above execution application was filed on 20.7.2023 and the same has been complied on 25.7.2023.3. in the light of the above communication, i am of the view that the original petition has become infructuous. :: 3 :: resultantly, the original petition is dismissed as infructuous without prejudice to the rights of the petitioner to workout his remedies, in accordance with law. sd/- c.s.dias judge jes :: 4 :: appendix of op(c) 1504/2023 petitioner’s exhibits: exhibit p1 true copy of the plaint in os 1120/2021 dated 20.12.2001exhibit p2 true copy of the decree dated 30.3.2011 in os exhibit p3 true copy of the judgment dated 17.12.2014 in as exhibit p4 true copy of the judgment dated 9.6.2015 in rsa exhibit p5 true copy of kycheet dated nil exhibit p6 true copy of order dated 08.07.2015 exhibit p7 true copy of the judgment in crp 475/2015 dated29.05.2023 exhibit p8 true copy of the petition ea 169/2023 dated nil exhibit p9 true copy of the objections produced dated 04.07.2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945 OP(C) NO. 1504 OF 2023 AGAINST THE ORDER/JUDGMENT IN OS 1120/2001 OF ADDITIONAL MUNSIFF COURT, ALAPPUZHA
PETITIONER/RESPONDENT 1 IN E.A. AND JD IN EP/DEFENDANT 1 IN SUIT: SUBAIDA, AGED 75 YEARS W/O, SALEEM RESIDING AT ANCHIL VELITIL , PUNNAPRA MURI, PUNNAPRA VILLAGE , ALAPPUZHA DISTRICT, PIN - 688004 BY ADVS.A.PARVATHI MENON P.SANJAY RESPONDENTS/R1-5- PETITIONERS IN E.A., DECREE HOLDERS 1-5 IN E.P., PLAINTIFFS IN SUIT /R6 & 7 - RESPONDENTS 2 AND 3 IN E.A., DECREE HOLDERS 2 & 3 IN E.P./DEFENDANTS 2 AND 3 IN SUIT:
1 GEORGE BENJAMIN, S/O BENJAMIN RESIDING AT POLLAYIL VEEDU, PUNNAPRA MURI, PUNNAPRA VILLAGE, ALAPPUZHA DISTRICT, PIN - 2 PHILOMINA KOCHUMPARAMBU, POLLAYIL VEEDU, PUNNAPRA MURI, PUNNAPRA VILLAGE. ALAPPUZHA DISTRICT, PIN - 688004 3 SOOSAMMA PETER MARIYA, POZHIYIL, THAIKKAL P O CHERTHALA., PIN - 688524 4 REETHAMMA, ANACKAL PURACKAL, VADACKAL, ALAPPUZHA, PIN - 5 LILLYKKUTTY, SASTHAMPARAMBIL, KATTOOR MURI, KALAVOOR ALAPPUZHA, PIN - 688522 6 ELSY VARGHESE, ANCHIL VEEDU, PUNNAPRA MURI, PUNNAPRA VILLAGE, ALAPPUZHA DISTRICT, PIN - 688004 7 THRESSIYAMMA VARGHESE, POONTHRASSERY VEEDU, PUNNAPRA, ALAPPUZHA DISTRICT, PIN - 688004 BY ADVS.SANAL KUMAR S BHAVANA VELAYUDHAN(K/290/2003) T.J.SEEMA(K/391/2002) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :: 2 ::

JUDGMENT

Dated this the 31st day of July 2023 The original petition is filed to direct the court of the Munsiff, Alappuzha to issue the certified copy of the order dated 12.7.2023 in E.A.169/23 in E.P.241/2011 within a time period.

2. Pursuant to the order dated 24.7.2023 passed

by this Court, the learned Additional Munsiff, by communication dated 26.7.2023 has informed this Court that the copy application in respect of the above execution application was filed on 20.7.2023 and the same has been complied on 25.7.2023.

3. In the light of the above communication, I am of the view that the original petition has become infructuous. :: 3 :: Resultantly, the original petition is dismissed as infructuous without prejudice to the rights of the petitioner to workout his remedies, in accordance with law. SD/- C.S.DIAS JUDGE jes :: 4 :: APPENDIX OF OP(C) 1504/2023 PETITIONER’S EXHIBITS: Exhibit P1 TRUE COPY OF THE PLAINT IN OS 1120/2021 DATED 20.12.2001

Exhibit P2   TRUE COPY OF THE DECREE DATED 30.3.2011 IN OS
Exhibit P3   TRUE COPY OF THE JUDGMENT DATED 17.12.2014 IN AS
Exhibit P4   TRUE COPY OF THE JUDGMENT DATED 9.6.2015 IN RSA
Exhibit P5   TRUE COPY OF KYCHEET DATED NIL
Exhibit P6   TRUE COPY OF ORDER DATED 08.07.2015
Exhibit P7   TRUE COPY OF THE JUDGMENT IN CRP 475/2015 DATED

29.05.2023 Exhibit P8 TRUE COPY OF THE PETITION EA 169/2023 DATED NIL Exhibit P9 TRUE COPY OF THE OBJECTIONS PRODUCED DATED 04.07.2023

Same Court & Year Kerala · 2023 Same Parties Subaida vs George Benjamin Same Judge Honourable Mr.Justice C.S.Dias