High Court of KeralaOP(C)/350/2015allowed

Chandran v. Karmmala Matha Church

2015-08-21Honourable Mr. Justice B.Kemal Pasha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937H OP(C).No. 350 of 2015 (O) -------------------------- EA.1448/2014 IN EP.1650/2014 IN OS.3891/2013 OF PRINCIPAL MUNSIFF COURT, IRINJALAKUDA PETITIONER(S)/JUDGMENT DEBTOR:

----------------------------------------------------- CHANDRAN, AGED 70 YEARS S/O.KUTTAPPAN, KOONIPARAMBIL HOUSE, ARIPPALAM DESOM POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK.

BY ADV. SRI.P.K.SAJEEV RESPONDENT(S)/DECREE HOLDER:

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1. KARMMALA MATHA CHURCH ARIPPALAM, POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK PIN-680688 REPRESENTED BY THE PRESENT VICAR FR.VARGHESE.

2. KARMMALA MATHA CHURCH ARIPPALAM, POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK PIN-680688, REPRESENTED BY THE PRESENT TRUSTEE VARUNNY, S/O.CHAKKALAKKAL KUNJI CHACKO, ARIPPALAM POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK, PIN-680688.

3. KARMMALA MATHA CHURCH ARIPPALAM, POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK PIN-680688, REPRESENTED BY THE PRESENT TRUSTEE, JOHNY S/O.KOLANKANNI RAPPAI, ARIPPALAM, POOMANGALAM VILLAGE MUKUNDAPURAM TALUK, PIN-680688.

R1-R3 BY ADV. SRI.P.RAMAKRISHNAN THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 21-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OPC.350/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 TRUE COPY OF THE PLAINT IN OS.3891/13 OF MUNSIFF COURT, IRINJALAKUDA P2 TRUE COPY OF THE IA.5296/14 IN OS.3891/13 P3 TRUE COPY OF THE IA.5297/14 IN OS.3891/13 P4 TRUE COPY OF THE PROCEEDINGS IN EP.1650/14 IN OS.3891/13. // True Copy // PA to Judge

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(C) No.350 of 2015 ````````````````````````````````````````````````````````````` Dated this the 21st day of August, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ It has come out that no notice has been served on the petitioner, who is the judgment debtor in the execution proceedings. Delivery has already been ordered without notice to the judgment debtor. The impugned order is only to be set aside.

In the result, this O.P.(Civil) is allowed and the impugned order is set aside. The matter is remitted to the court below for fresh disposal in accordance with law. Presently, the parties have notice of the proceedings. The parties shall appear before the court below on 10.09.2015. Of course, the judgment debtor shall be given an opportunity to file objections. The court below shall make every endevour to have an expeditious disposal of the matter on merits.

Sd/- (B.KEMAL PASHA, JUDGE) aks/21/08 // True Copy // PA to Judge