K.P.Babu vs Amina

K.P.Babu vs AMINA

Type Court Judgment Court Kerala Decided Aug 30, 2019

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https://sooperkanoon.com/case/1891794

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Citation: sooperkanoon.com/1891794
Court: Kerala High Court
Judge: Honourable Mr. Justice Sunil Thomas
Decided On: Aug 30, 2019
Case Number: OP(C)/1972/2018

Parties & Advocates

Appellant / Petitioner

K.P.Babu

Respondent

AMINA

Excerpt

.....in os.no.183/2008 of the sub court, ottappalam.2. heard both sides. it is seen that the court below, by ext.p4 order, has held that the only contention set by the respondent was that rfa.no.596/2012 was pending. it is reported that rfa has been disposed of. having considered this, i am inclined to dispose of theop(c) itself, with a direction to the sub judge, ottappalam, to take and dispose it of ia.no.973/2012 on merits, as expeditiously as possible, within a period of two months from the date of receipt of a copy of thisjudgment.sd/- sunil thomas, judge r.av //true copy// ps to judgeappendix petitioner's/s exhibits: exhibit p1: true copy of the judgment in o.s.no. of the subordinate judge, ottappalam. exhibit p2: true copy of the judgment in r.f.a. no. exhibit p3: true copy of the application, i.a. no. exhibit p4: true copy of the order passed by the learned sub judge in i.a. 973/2012 in o.s. 183/2008 dated 18.02.2016. exhibit p5: true copy of the judgment in o.p.(c) no. 895/2016 dated 27.06.2016. exhibit p6: true copy of the o.p. 458/2016 filed by the 1st respondent, dated 01.09.2016. exhibit p7: true copy of the judgment in o.p.458/2016, dated 30.11.2016. exhibit p8: true copy of the execution petition no. 14/2017 filed by the 1st respondent, dated 03.04.2017. exhibit p9: true copy of the order in e.p. no. 17.08.2017.respondent's/s exhibits nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 30TH DAY OF AUGUST 2019 / 8TH BHADRA, 1941 (IA.NO.973/2012 IN OS 183/2008 OF SUB COURT, OTTAPPALAM) PETITIONER/SPLAINTIFF: K.P.BABU, AGED 45 YEARS, S/O.KOPPATHPARAMBIL ABOOBACKER, KALLADIPATTA AMSOM, ONGALLUR DESOM, OTTAPPALAM, PALAKKAD - 678 001 BY ADVS. SRI.T.SETHUMADHAVAN (SR.) SMT.N.DEEPA SRI.K.JAYESH MOHANKUMAR SRI.PUSHPARAJAN KODOTH SMT.PREETHI. P.V. SMT.VANDANA MENON RESPONDENTS/LEGAL HEIRS OF DEFENDANT: 1 AMINA, GED 52 YEARS, W/O.SULAIMAN, MADTHINKAL HOUSE, CHINANGAD AMSOM DESOM, OTTAPALAM TALUK, PALAKKAD - 679 511 2 RASHEEDA AGED 35 YEARS D/O. SULAIMAN 3 HASSAN AGED 32 YEARS S/O. SULAIMAN 4 JASEELA AGED 29 YEARS D/O. SULAIMAN 5 JALEELAGED 26 YEARS S/O. SULAIMAN R1-5 BY ADV. P. JAYARAM THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 30.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

JUDGMENT

The petitioner herein, who is the decree holder has approached this court, aggrieved by the delay in the disposal of IA.No.973/2012 in OS.No.183/2008 of the Sub Court, Ottappalam.

2. Heard both sides. It is seen that the court below, by Ext.P4 order, has held that the only contention set by the respondent was that RFA.No.596/2012 was pending. It is reported that RFA has been disposed of. Having considered this, I am inclined to dispose of the

OP(C) itself, with a direction to the Sub Judge, Ottappalam, to take and dispose it of IA.No.973/2012 on merits, as expeditiously as possible, within a period of two months from the date of receipt of a copy of this

judgment.

Sd/- SUNIL THOMAS, JUDGE R.AV //True Copy// PS to Judge

APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE JUDGMENT IN O.S.NO. OF THE SUBORDINATE JUDGE, OTTAPPALAM. EXHIBIT P2: TRUE COPY OF THE JUDGMENT IN R.F.A. NO. EXHIBIT P3: TRUE COPY OF THE APPLICATION, I.A. NO. EXHIBIT P4: TRUE COPY OF THE ORDER PASSED BY THE LEARNED SUB JUDGE IN I.A. 973/2012 IN O.S. 183/2008 DATED 18.02.2016. EXHIBIT P5: TRUE COPY OF THE JUDGMENT IN O.P.(C) NO. 895/2016 DATED 27.06.2016. EXHIBIT P6: TRUE COPY OF THE O.P. 458/2016 FILED BY THE 1ST RESPONDENT, DATED 01.09.2016. EXHIBIT P7: TRUE COPY OF THE JUDGMENT IN O.P.458/2016, DATED 30.11.2016. EXHIBIT P8: TRUE COPY OF THE EXECUTION PETITION NO. 14/2017 FILED BY THE 1ST RESPONDENT, DATED 03.04.2017. EXHIBIT P9: TRUE COPY OF THE ORDER IN E.P. NO. 17.08.2017.

RESPONDENT'S/S EXHIBITS NIL

Same Court & Year Kerala · 2019 Same Parties K.P.Babu vs AMINA Same Judge Honourable Mr. Justice Sunil Thomas