Kerala Court February 1995 Judgments
Sivanandan Thilakan, Vazhavila Vs. Thankamma Omana, Puthumangalathu Ve ...
Court: Kerala
Decided on: Feb-03-1995
Reported in: AIR1995Ker223; I(1995)DMC625
M.M. Pareed Pillay, C.J. 1. Appellant is the plaintiff. He filed the suit for declaration that he is not the father of the second defendant. First defendant is the unwed mother of the second defendant. Plaintiff also sought for permanent injunction restraining the first defendant from executing the order of the maintenance under Section 125, Cr. P. C. in favour of the second defendant, granted by the Judicial Magistrate of First Class, Punaloor. The trial Court decreed the suit granting declaration in favour of the plaintiff, but disallowed the prayer for injunction. Defendants filed A.S. 20 of 1983 before the Sub Court, Kottarakkara. The learned Sub-Judge allowed the appeal and dismissed the suit.2. Learned Counsel for the plaintiff (appellant) submitted that the Sub-Judge went wrong in relying on the order of the Magistrate granting maintenance to the second defendant and as he adopted such a basically wrong approach this Court has necessarily to interfere and the decree of the Munsi...
Tag this Judgment!Karimbil Ice and Cold Storage Company and anr. Vs. State Bank of Trava ...
Court: Kerala
Decided on: Feb-01-1995
Reported in: [1995]83CompCas224(Ker)
P.A. Mohammed, J.1. The first respondent filed a suit O. S. No. 3 of 1975 for recovery of a sum of Rs. 8,73,312.81 against the petitioners. The said amount was due to the plaintiff-bank as per the mortgage deed dated January 21, 1971, executed in its favour by the petitioners. The suit was decreed and charged on the properties mortgaged. The judgment-debtors had paid Rs. 4,95,000 towards the decree debt. However, as per the order in E. P. No. 68 of 1987 the properties had been put up for sale. The application filed by the first petitioner under Order XXI, Rule 69 and Section 151 of the Code of Civil Procedure was rejected by the court below. Being aggrieved by the aforesaid order, the present revision petition has been filed.2.The schedule of properties attached to the execution petition E. P. No. 68 of 1987 in O. S. No. 3 of 1975 contains four lots each having differentitems of properties. The details of the properties described in the scheduleare given below :Lot No.Sl. No.R. S. No,E...
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