Mayankutty vs Premanandan

Type Court Judgment Court Kerala Decided Jan 04, 2022

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https://sooperkanoon.com/case/1439702

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Citation: sooperkanoon.com/1439702
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Jan 04, 2022
Case Number: OP(C)/6/2022

Parties & Advocates

Appellant / Petitioner

Mayankutty

Respondent

Premanandan

Excerpt

.....a conveyance deed was executed by one party in favour of the present 2 nd respondent. the 2nd respondent approached the court below for executing the order by effecting delivery.3. the petitioner is aggrieved in thematter of compromise entered into between the parties in ex.fa.no.43/2014. it is submitted a review petition has been filed and is under consideration by this court. it is submitted now the matter posted for delivery before 12.01.2021 and for delivery report on 14.01.2021.4. going by the averments in the petitionwhat could be culled out is that the remedy of the petitioner, in fact, is before the review court. however, in the interest of justice, there shall be an order of stay in delivering the property, if the property is not already delivered, as on today for a period of three weeks. in the meantime, the petitioner can approach the review court and seek appropriate reliefs. accordingly, this original petition is disposed of. sd/- a.badharudeen, judge. ww appendix of op(c) 6/2022 petitioner's exhibits:exhibit p1 the true copy of the affidavit petition in ia 7/2005 dated exhibit p2 the true copy of judgment ino.s.48/2001 on the file of sub court, vatakara. exhibit p3 the true copy of judgment in ex.fa. exhibit p4 true copy of review petition in r.p.497/2021 of this hon'ble court dated 02/07/2021. exhibit p5 the true copy of the order i.a.7/2005, in o.s.no.48/2001, on the file of the sub court, vatakara d.t. 06.12.21. exhibit p6 the true copy of the counter statement filed by the petitioner in i.a 7/2005 dated 22/10/2021.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 4TH DAY OF JANUARY 2022 / 14TH POUSHA, 1943 OP(C) NO. 6 OF 2022 AGAINST THE ORDER/JUDGMENT IN IA 7/2005 IN OS 48/2001 OF SUB COURT, VADAKARA PETITIONER/4th RESPONDENT: MAYANKUTTY, AGED 58 YEARS, S/O.MOIDEEN, MEETHALEPANAYULLATHIL, PUTHENPURAYIL HOUSE, VILYAPALLIVIA, PIN - 673 542. BY ADVS. SRI.T.SETHUMADHAVAN (SR.) SMT.PREETHI. P.V. RESPONDENTS/PETITIONERS AND RESPONDENTS 3 & 5:
1 PREMANANDAN, AGED 72 YEARS, S/O.KUNHIKANNAN, RESIDING AT THIRUVATHIRA, CHORODE P.O., 2 VALSARAJAN K., AGED 61 YEARS, S/O.NARAYANAN, PENSIONER, VRINDAVANAM HOUSE, KOTTAPPALLI VILLAGE VALLIAD P.O., VATAKARA TALUK, PIN - 673 101, 3 MEETHALEPANAYULLATHIL ABDULLA, AGED 55 YEARS, S/O.MOIDEEN, CHETTIAMVEETIL, PARAMBIL DESOM, 4 KUNJAYISHA, AGED 46 YEARS, D/O.MOIDEEN, MEETHALEPANAYULLATHIL, PUTHEN PURAYIL HOUSE, VILYAPALLI VIA., PIN - 673 542, THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Ext.P5, viz., order in I.A.No.7/2005 in O.S.No.48/2001 on the file of Sub Court, Vadakara is under challenge in this Original Petition filed by the petitioner, who is the 4th respondent in Ext.P5, under Article 227 of the Constitution of India.

2. According to the petitioner/4th

respondent, a compromise has entered when appeal was pending before this Court and accordingly, a conveyance deed was executed by one party in favour of the present 2 nd respondent. The 2nd respondent approached the court below for executing the order by effecting delivery.

3. The petitioner is aggrieved in the

matter of compromise entered into between the parties in Ex.FA.No.43/2014. It is submitted a Review Petition has been filed and is under consideration by this Court. It is submitted now the matter posted for delivery before 12.01.2021 and for delivery report on 14.01.2021.

4. Going by the averments in the petition

what could be culled out is that the remedy of the petitioner, in fact, is before the Review Court. However, in the interest of justice, there shall be an order of stay in delivering the property, if the property is not already delivered, as on today for a period of three weeks. In the meantime, the petitioner can approach the Review Court and seek appropriate reliefs. Accordingly, this Original Petition is disposed of. Sd/- A.BADHARUDEEN, JUDGE. ww APPENDIX OF OP(C) 6/2022 PETITIONER'S EXHIBITS:

EXHIBIT P1        THE   TRUE   COPY  OF    THE   AFFIDAVIT
                  PETITION    IN    IA     7/2005    DATED
EXHIBIT P2        THE   TRUE   COPY   OF  JUDGMENT   IN

O.S.48/2001 ON THE FILE OF SUB COURT, VATAKARA. EXHIBIT P3 THE TRUE COPY OF JUDGMENT IN EX.FA. EXHIBIT P4 TRUE COPY OF REVIEW PETITION IN R.P.497/2021 OF THIS HON'BLE COURT DATED 02/07/2021. EXHIBIT P5 THE TRUE COPY OF THE ORDER I.A.7/2005, IN O.S.NO.48/2001, ON THE FILE OF THE SUB COURT, VATAKARA D.T. 06.12.21. EXHIBIT P6 THE TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER IN I.A 7/2005 DATED 22/10/2021.

Same Court & Year Kerala · 2022 Same Parties Mayankutty vs Premanandan Same Judge Honourable Mr. Justice a. Badharudeen