Prasanna vs C.K. Dharmadas

Type Court Judgment Court Kerala Orders Decided Mar 31, 2022

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Citation: sooperkanoon.com/1467121
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice P.G. Ajithkumar
Decided On: Mar 31, 2022
Case Number: OP (RC)/81/2022

Parties & Advocates

Appellant / Petitioner

Prasanna

Respondent

C.K. Dharmadas

Excerpt

.....on the same day delivered the following: -3-judgmentanil k. narendran, j.the petitioner, who is the judgment debtor in e.p.no.29 of 2012 in r.c.p.no.65 of 2011 on the file of the munsiff's court, vatakara, which is one filed by the 1st respondent herein, has filed this original petition invoking the supervisory jurisdiction of this court under article 227 of the constitution of india, seeking an order to set aside ext.p1 order dated 17.03.2022 of the execution court in e.p.no.29 of 2012 in r.c.p.no.65 of 2011 and to restore the possession of the petition schedule shop room to the petitioner.2. after arguing for sometime, the learned counselfor the petitioner seeks permission to withdraw this original petition, without prejudice to the legal and factual contentions raised, on account of pendency of s.l.p. (c)no.5141 of 2022 before the apex court. based on the above submission made by the learned counsel for the petitioner, this original petition is dismissed -4- as withdrawn, leaving open legal and factual contentions raised by the petitioner. sd/- anil k. narendran, judge sd/- p.g. ajithkumar, judge av/2/4 -5- appendix of op (rc) 81/2022 petitioner exhibits exhibit-p1 true copy of the order in execution petition 29/2019 before munsiff court, vatakara, dated 17.03.2022 exhibit-p2 true copy of the order in r.c.rev. 07-03-2022. exhibit-p3 true copy of the order in r.c.a. control appellate authority. exhibit-p4 true copy of the order in r.c.p. control court.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR THURSDAY, THE 31ST DAY OF MARCH 2022 / 10TH CHAITHRA, 1944 AGAINST THE ORDER DATED 17.03.2022 IN E.P.NO.29 OF 2012 IN R.C.P.NO.65 OF 2011 ON THE FILE OF THE MUNSIFF COURT, VATAKARA PETITIONER/ADDITIONAL 3RD RESPONDENT IN EP: PRASANNA, AGED 70 YEARS WIFE OF LATE C.K. RAJAGOPALAN, KRISHNAKRIPA, TRAINING SCHOOL, NADAKKUTHAZHA, VATAKARA, KOZHIKODE, PIN - 673104
BY ADVS.R.PARTHASARATHY B.KRISHNAN RESPONDENTS/PETITIONER, 2ND RESPONDENT & ADDITIONAL RESPONDENTS 4 TO 7 IN EP: 1 C.K. DHARMADAS, AGED 66 YEARS, S/O. KRISHNAN, SAI KRISHNA VEEDU, PONNIAMPARA ROAD, PALLIKUNNU, KANNUR DISTRICT, PIN - 670001 2 KUNNUMMAL MOHANAN, AGED 65 YEARS, S/O.NANU, KUNNUMMAL VEEDU, NEAR KEERTHI TALKIES, VATAKARA AMSOM, DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673101
3 SAHINA C.K, AGED 46 YEARS, D/O.LATE C.K. NADAKKUTHAZHA, VATAKARA, KOZHIKODE,PIN - 673104 4 SILNA C.K, AGED 45 YEARS, D/O. LATE C.K. NADAKKUTHAZHA, VATAKARA, KOZHIKODE,PIN - 673104 -2- 5 JISHNA C.K, AGED 41 YEARS, D/O.LATE C.K. NADAKKUTHAZHA, VATAKARA, KOZHIKODE, PIN - 673104 6 JIGNESH C.K , AGED 34 YEARS, S/O.LATE C.K. NADAKKUTHAZHA, VATAKARA, KOZHIKODE, PIN - 673104 THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 31.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-

JUDGMENT

Anil K. Narendran, J.

The petitioner, who is the judgment debtor in E.P.No.29 of 2012 in R.C.P.No.65 of 2011 on the file of the Munsiff's Court, Vatakara, which is one filed by the 1st respondent herein, has filed this original petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order to set aside Ext.P1 order dated 17.03.2022 of the Execution Court in E.P.No.29 of 2012 in R.C.P.No.65 of 2011 and to restore the possession of the petition schedule shop room to the petitioner.

2. After arguing for sometime, the learned counsel

for the petitioner seeks permission to withdraw this original petition, without prejudice to the legal and factual contentions raised, on account of pendency of S.L.P. (C)No.5141 of 2022 before the Apex Court. Based on the above submission made by the learned counsel for the petitioner, this original petition is dismissed -4- as withdrawn, leaving open legal and factual contentions raised by the petitioner. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- P.G. AJITHKUMAR, JUDGE AV/2/4 -5- APPENDIX OF OP (RC) 81/2022 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ORDER IN EXECUTION PETITION 29/2019 BEFORE MUNSIFF COURT, VATAKARA, DATED 17.03.2022 Exhibit-P2 TRUE COPY OF THE ORDER IN R.C.REV. 07-03-2022. Exhibit-P3 TRUE COPY OF THE ORDER IN R.C.A. CONTROL APPELLATE AUTHORITY. Exhibit-P4 TRUE COPY OF THE ORDER IN R.C.P. CONTROL COURT.

Same Court & Year Kerala Orders · 2022 Same Parties Prasanna vs C.K. Dharmadas Same Judge Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice...