Prasad Damodaran @ Prasad K.D. Vs. Herbert Fernandez - Court Judgment

SooperKanoon Citationsooperkanoon.com/1165293
CourtKerala High Court
Decided OnOct-01-2014
JudgeHONOURABLE MR.JUSTICE P.BHAVADASAN
AppellantPrasad Damodaran @ Prasad K.D.
RespondentHerbert Fernandez
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice p.bhavadasan wednesday, the1t day of october20149th aswina, 1936 op(c).no. 2240 of 2014 (o) ------------------------------------ petitioner(s): -------------------------- prasad damodaran @ prasad k.d. aged44years, s/o. damodaran kaippanackal house, urubikara desom kuttiplagadu, pin-686 514, kakayar village, peerumed taluk by advs.sri.k.c.eldho sri.jijo thomas sri.suraj.s respondent(s): ---------------------------- 1. herbert fernandez, s/o. thomas aged55years, geetha mandir, 3rd floor, nettipadam road, kanayannur taluk ernakulam district, kochi- 16 2. b.kalesh kumar, s/o. balakrishnan a.r. aged32years, aramuri house, palluruthy po represented by his power of attorney holder balakrishnan a.r., aged66 devisadanam chottanikkara po, kureekad village- 682 312 this op (civil) having come up for admission on0110-2014, the court on the same day delivered the following: op(c).no. 2240 of 2014 (o) -------------------------------------- appendix petitioner's exhibits: -------------------------------------- exhibit p1: true copy of the plaint in os no.336 of2014on the files of the1t additional munsiff court, ernakulam. exhibit p2: true copy of ia2228of2014in os no.336 of2014on the files of the1t additional munsiff court, ernakulam. exhibit p3: true copy of the sale deed no.739 of2014dated0503.2014 of sro mulamthuruthy. exhibit p4: true copy of the encumbrance certificate issued by sro mulamthuruthy. exhibit p5: true copy of the claim petition submitted by the petitioner before the munsiff's court, ernakulam exhibit p6: true copy of the communication dated0406.2014 issued by the employer of the petitioner. exhibit p7: true copy of the communication dated1609.2014 issued by the employer of the petitioner. respondent(s)' exhibits --------------------------------------- nil // true copy// pa to judge das p.bhavadasan, j.- - - - - - - - - - - - - - - - - - - - - - - - o.p.(c) no. 2240 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - dated this the 01st day of october, 2014 judgment the limited prayer made in this original petition is for a direction to the court below to take up and consider ext.p5 application filed by the petitioner seeking lifting of attachment of the property of which he claims to be in possession.2. the petitioner availed of a loan from his company and purchased the property and when the company insisted for non-encumbrance certificate and he applied for the same and when received, the petitioner found that the property was under attachment. he, therefore moved the court to lift the attachment by ext.p5 petition. he instituted a claim petition seeking to have the attachment lifted. the petitioner says that the company has given an ultimatum to produce the non-encumbrance certificate otherwise they o.p.(c) no. 2240 of 2014 -2- would recall the loan. therefore, it is necessary that his application for lifting of attachment is considered and disposed of on merits.3. in the light of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary.4. all that the petitioner seeks is a direction to the court concerned to take up and dispose of ext.p5 application as expeditiously as possible within a time period to be fixed by this court.5. in the light of the facts stated before this court, there is no reason as to why relief should be rejected to the petitioner. this petition is disposed of with a direction to the 1st additional munsiff court, ernakulam to take up ext.p5 application i.e. i.a.no. 3736 of 2014 in i.a.no. 2228 of 2014 in o.s. no. 336 of 2014 at the earliest and dispose it of as expeditiously as possible, at any rate, within a period of o.p.(c) no. 2240 of 2014 -3- three weeks from 07.10.2014 onwards on the date on which the matter is stand posted. p.bhavadasan judge ds
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE1T DAY OF OCTOBER20149TH ASWINA, 1936 OP(C).No. 2240 of 2014 (O) ------------------------------------ PETITIONER(S): -------------------------- PRASAD DAMODARAN @ PRASAD K.D. AGED44YEARS, S/O. DAMODARAN KAIPPANACKAL HOUSE, URUBIKARA DESOM KUTTIPLAGADU, PIN-686 514, KAKAYAR VILLAGE, PEERUMED TALUK BY ADVS.SRI.K.C.ELDHO SRI.JIJO THOMAS SRI.SURAJ.S RESPONDENT(S): ---------------------------- 1. HERBERT FERNANDEZ, S/O. THOMAS AGED55YEARS, GEETHA MANDIR, 3RD FLOOR, NETTIPADAM ROAD, KANAYANNUR TALUK ERNAKULAM DISTRICT, KOCHI- 16 2. B.KALESH KUMAR, S/O. BALAKRISHNAN A.R. AGED32YEARS, ARAMURI HOUSE, PALLURUTHY PO REPRESENTED BY HIS POWER OF ATTORNEY HOLDER BALAKRISHNAN A.R., AGED66 DEVISADANAM CHOTTANIKKARA PO, KUREEKAD VILLAGE- 682 312 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON0110-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 2240 of 2014 (O) -------------------------------------- APPENDIX PETITIONER'S EXHIBITS: -------------------------------------- EXHIBIT P1: TRUE COPY OF THE PLAINT IN OS NO.336 OF2014ON THE FILES OF THE1T ADDITIONAL MUNSIFF COURT, ERNAKULAM. EXHIBIT P2: TRUE COPY OF IA2228OF2014IN OS NO.336 OF2014ON THE FILES OF THE1T ADDITIONAL MUNSIFF COURT, ERNAKULAM. EXHIBIT P3: TRUE COPY OF THE SALE DEED NO.739 OF2014DATED0503.2014 OF SRO MULAMTHURUTHY. EXHIBIT P4: TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY SRO MULAMTHURUTHY. EXHIBIT P5: TRUE COPY OF THE CLAIM PETITION SUBMITTED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, ERNAKULAM EXHIBIT P6: TRUE COPY OF THE COMMUNICATION DATED0406.2014 ISSUED BY THE EMPLOYER OF THE PETITIONER. EXHIBIT P7: TRUE COPY OF THE COMMUNICATION DATED1609.2014 ISSUED BY THE EMPLOYER OF THE PETITIONER. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True copy// PA to Judge das P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 2240 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 01st day of October, 2014

JUDGMENT

The limited prayer made in this original petition is for a direction to the court below to take up and consider Ext.P5 application filed by the petitioner seeking lifting of attachment of the property of which he claims to be in possession.

2. The petitioner availed of a loan from his company and purchased the property and when the company insisted for non-encumbrance certificate and he applied for the same and when received, the petitioner found that the property was under attachment. He, therefore moved the court to lift the attachment by Ext.P5 petition. He instituted a claim petition seeking to have the attachment lifted. The petitioner says that the company has given an ultimatum to produce the non-encumbrance certificate otherwise they O.P.(C) No. 2240 of 2014 -2- would recall the loan. Therefore, it is necessary that his application for lifting of attachment is considered and disposed of on merits.

3. In the light of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary.

4. All that the petitioner seeks is a direction to the court concerned to take up and dispose of Ext.P5 application as expeditiously as possible within a time period to be fixed by this Court.

5. In the light of the facts stated before this Court, there is no reason as to why relief should be rejected to the petitioner. This petition is disposed of with a direction to the 1st Additional Munsiff Court, Ernakulam to take up Ext.P5 application i.e. I.A.No. 3736 of 2014 in I.A.No. 2228 of 2014 in O.S. No. 336 of 2014 at the earliest and dispose it of as expeditiously as possible, at any rate, within a period of O.P.(C) No. 2240 of 2014 -3- three weeks from 07.10.2014 onwards on the date on which the matter is stand posted. P.BHAVADASAN JUDGE ds