High Court of KeralaOP(C)/663/2012disposed of

E.Sukumaran v. M.Sidhikuty

2015-06-01Honourable Mr. Justice A.Hariprasad4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 OP(C).No. 663 of 2012 (O) -------------------------- AGAINST THE JUDGMENT IN OS NO.463/2006 of SUB COURT-III A, KOZHIKODE AGAINST THE ORDER IN EP NO.103/2011 of PRINCIPAL SUB COURT,THALASSERY PETITIONER(S):

-------------------------- E.SUKUMARAN, AGED 58 YEARS S/O.KUNHIKANNAN NAIR RESIDING AT KOLAPARAMBATH HOUSE, P.O.MURINGODY KANNUR.

BY ADVS.SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S):

---------------------------- M.SIDHIKUTTI S/O.MOIDEEN RAWTHER, RESIDING AT LALU NIVAS P.O.NORTH BEYPORE NADUVATTOM AMSOM BEYPORE DESOM OF KOZHIKODE TALUK KOZHIKODE-673015.

BY ADV. SRI.K.M.FIROZ BY ADV. SMT.M.SHAJNA THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 01-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C) NO.663/2012 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE AFFIDAVIT FILED IN SUPPORT OF IA 4098/11. EXHIBIT P2: TRUE COPY OF THE AFFIDAVIT FILED IN SUPPORT OF THE APPLICATION. EXHIBIT P3: TRUE COPY OF THE COUNTER STATEMENT FILED BY THE RESPONDENT. EXHIBIT P4: TRUE COPY OF THE COUNTER STATEMENT FILED BY THE RESPONDENT. RESPONDENTS' EXHIBITS :NIL //TRUE COPY//

A.HARIPRASAD, J.

-------------------------------------- O.P.(C). No.663 of 2012 -------------------------------------- Dated this the 1st day of June, 2015

JUDGMENT

Petitioner is the defendant in O.S.No.463 of 2006 filed before the Sub Court-III A, Kozhikode. The suit is one for recovery of money. The suit was decreed exparte. The petitioner/defendant filed an application under Order 9 Rule 13 of the Code of Civil Procedure with a petition under Section 5 of the Limitation Act for condoning the delay. In the meantime, the decree was transferred to the Sub Court, Thalassery for execution and execution petition was numbered in the transferee court as E.P.No.103 of 2011.

Heard the learned counsel for the petitioner. 3.

Learned counsel for the petitioner submitted that he could not get any instruction as to whether the order passed by this Court on 24.02.2012 directing the petitioner to deposit `50,000/- before the Principal Sub Court, Thalassery had been complied with or not. That direction was passed by this Court as a condition precedent for granting a stay of execution. Grievance of the petitioner is that the court below did not consider the pleadings correctly. It is not clear as to whether anything survives for consideration or whether the learned Sub Judge has disposed

OP(C)No.663/2012 of the applications. Therefore, the learned Sub Judge-III A, Kozhikod is directed to dispose of Exts.P1 and P2 applications, if not already disposed of, within a period of one month from the date of receipt of a copy of this judgment.

The petition is disposed of as above.

A. HARIPRASAD, JUDGE.

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