Thampi vs Jyothis

Type Court Judgment Court Kerala Decided Oct 31, 2019

~3 min read

https://sooperkanoon.com/case/1871748

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/1871748
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: Oct 31, 2019
Case Number: OP(C)/598/2019

Parties & Advocates

Appellant / Petitioner

Thampi

Respondent

Jyothis

Excerpt

.....orderdismissed the said application, against which this original petition has been filed.3. heard.4. the petitioner needs only a direction to thecourt below to dispose of exts.p8 and p9, as expeditiously as possible. the petitioner also requests to issue a direction to the court below to keep in abeyance the proceedings in the execution petition till the disposal of exts.p8 and p9. having regard to thefacts and circumstances of the case, the additionalmunsiffs court, kochi is directed to dispose of ext.p8 and ext.p9, in accordance with law, as expeditiously as possible and at any rate within thirty days from the date of receipt/production of a copy of this judgment. till the disposal of the above said applications, the proceedings in e.p.no.27/2016 shall be kept in abeyance.this original petition stands disposed of as above. sd/- b.sudheendra kumar judge rk/31.10.2019 appendix petitioner's/s exhibits:exhibit p1 photocopy of ep no. 27/2016 in os no. exhibit p2 photocopy of judgment in os no. exhibit p3 photocopy of plaint in os no. 356/2013 exhibit p4 photocopy of plaint in os no. 74/2014 exhibit p5 photocopy plaint in os no. 108/2018 exhibit p6 photocopy of stay order in top 39/2019iind addl. district court, ernakulam. exhibit p7 photo copy of in ia no. 1604/17 in os no. 71/2014, munsiff court kochi exhibit p8 photo copy of ia no. 424/2018 first additional munsiff court, kochi. exhibit p9 photocopy of ia no. 425/2018 first additional munsiff court, kochi.exhibit p10 photocopy of objection. exhibit p11 photocopy of counter affidavit. exhibit p12 photocopy of ea no. 107/2018 exhibit p13 photo copy counter affidavit. exhibit p14 photocopy of the order in ea no.respondent's/s exhibits:nil //true copy// rk pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR THURSDAY, THE 31ST DAY OF OCTOBER 2019 / 9TH KARTHIKA, 1941 AGAINST THE ORDER/JUDGMENT IN OS 71/2014 OF PRINCIPAL MUNSIFF COURT , KOCHI PETITIONER/S: THAMPI AGED 62 YEARS, S/O. GOPALAN, CHELAKKAL HOUSE, EAST KADUNGALLUR, ALWAYE WEST, ERNAKULAM DISTRICT, PIN-683102 BY ADV. SRI.R.VENUGOPAL RESPONDENT/S: JYOTHIS AGED 37 YEARS, S/O. VIJAYAN, THALAPPILLIL HOUSE, NAYARAMBALAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT, PIN-682 509 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 31.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The prayer in this original petition is to set aside Ext.P14 order passed by the court below.

2. An ex-parte decree was passed against the petitioner in O.S.No.71/2014. The petitioner filed Ext.P8 (I.A.No.424/2018) before the court below for setting aside the ex-parte decree. Along with

I.A.No.424/2018, the petitioner filed Ext.P9 (I.A.No.425/2018) praying for condoning the delay of 1026 days in filing I.A.No.424/2018. The petitioner also filed E.A.No.107/2018 before the Execution Court praying for staying the further proceedings in E.P.No.27/2016 till the disposal of I.A.No.424/2018 by

the court. The court below as per Ext.P14 order

dismissed the said application, against which this original petition has been filed.

3. Heard.

4. The petitioner needs only a direction to the

court below to dispose of Exts.P8 and P9, as expeditiously as possible. The petitioner also requests to issue a direction to the court below to keep in abeyance the proceedings in the execution petition till the disposal of Exts.P8 and P9. Having regard to the

facts and circumstances of the case, the Additional

Munsiffs Court, Kochi is directed to dispose of Ext.P8 and Ext.P9, in accordance with law, as expeditiously as possible and at any rate within thirty days from the date of receipt/production of a copy of this judgment. Till the disposal of the above said applications, the proceedings in E.P.No.27/2016 shall be kept in abeyance.

This Original Petition stands disposed of as above. Sd/- B.SUDHEENDRA KUMAR JUDGE RK/31.10.2019 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1         PHOTOCOPY OF EP NO. 27/2016 IN OS NO.
EXHIBIT P2         PHOTOCOPY OF JUDGMENT IN OS NO.
EXHIBIT P3         PHOTOCOPY OF PLAINT IN OS NO. 356/2013
EXHIBIT P4         PHOTOCOPY OF PLAINT IN OS NO. 74/2014
EXHIBIT P5         PHOTOCOPY PLAINT IN OS NO. 108/2018
EXHIBIT P6         PHOTOCOPY OF STAY ORDER IN TOP 39/2019

IIND ADDL. DISTRICT COURT, ERNAKULAM. EXHIBIT P7 PHOTO COPY OF IN IA NO. 1604/17 IN OS NO. 71/2014, MUNSIFF COURT KOCHI EXHIBIT P8 PHOTO COPY OF IA NO. 424/2018 FIRST ADDITIONAL MUNSIFF COURT, KOCHI. EXHIBIT P9 PHOTOCOPY OF IA NO. 425/2018 FIRST ADDITIONAL MUNSIFF COURT, KOCHI.

EXHIBIT P10        PHOTOCOPY OF OBJECTION.
EXHIBIT P11        PHOTOCOPY OF COUNTER AFFIDAVIT.
EXHIBIT P12        PHOTOCOPY OF EA NO. 107/2018
EXHIBIT P13        PHOTO COPY COUNTER AFFIDAVIT.
EXHIBIT P14        PHOTOCOPY OF THE ORDER IN EA NO.

RESPONDENT'S/S EXHIBITS:NIL //TRUE COPY// RK PA TO JUDGE

Same Court & Year Kerala · 2019 Same Parties Thampi vs Jyothis Same Judge Honourable Mr. Justice B.Sudheendra Kumar