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High Court of KeralaOP(C)/1035/2015disposed of

Rajagopal K. v. State Bank Of Travancore

2015-05-25Honourable Mr. Justice B.Kemal Pasha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 25TH DAY OF MAY 2015/4TH JYAISHTA, 1937 OP(C).No. 1035 of 2015 (O) --------------------------- (E.P.NO.248/2014 IN O.S.NO.49/2011 OF 1ST ADDITIONAL SUB COURT, KOZHIKODE) ----------------------- PETITIONER/JUDGMENT DEBTOR NO.2 :

------------------------------------------------------------ RAJAGOPAL K., AGED 73 YEARS, S/O.VELAYUDHAN, SOLE PROPRIETOR, M/S.NEW INDIA AUTOMOTIVE 19/3, CORPORATION BUILDING, PUTHIYAPALAM, CHALAPPURAM, KOZHIKODE-673 002. BY ADVS.SRI.K.SANEESH KUMAR SMT.V.B.SANTHINI RESPONDENT(S)/DECREE HOLDER/JUDGMENT DEBTOR NO.1 : -----------------------------------------------------------------------------------------------

1. STATE BANK OF TRAVANCORE, PALAYAM BRANCH, REP. BY ITS CHIEF MANAGER, SARC, STATE BANK OF TRAVANCORE, KALATHINKUNNU AMSOM, DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT-673 001.

2. SIVADASAN.N.,AGED 58, S/O.LATE CHATHUKUTTY, SOLE PROPRIETOR, SIVADAS BAKERY, TALUK CROSS ROAD, BEHIND ANJALA APARTMENTS, CALICUT-673 004, RESIDING AT NAMBURATH, KALATHIL HOUSE, SREESAILAM, PALAZHI, PALA, KOZHIKODE-673 014.

R1 BY SRI.T.SETHUMADHAVAN,SENIOR ADVOCATE ADVS. SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR R2 BY ADV. SMT.B.SHAMEERA THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 25-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

OP(C).No. 1035 of 2015 (O) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1- A TRUE PHOTOCOPY OF THE EXECUTION PETITION FILED BY THE 1ST RESPONDENT AS EP NO.248/2014 IN OS NO.49/2011 ON THE FILE OF THE 1ST ADDITIONAL SUB COURT-KOZHIKODE DATED 7.4.2014. EXT.P2A TRUE PHOTOCOPY OF THE OBJECTION FILED BY THE PETITIONER IN EP NO.248/2014 IN OS NO.49/2011 ON THE FILE OF THE 1ST ADDITIONAL SUB COURT, KOZHIKODE DATED 8.7.2014. EXT.P3- TRUE COPY OF THE ORDER PASSED IN EP NO.248/2015 IN OS.49/2011 DATED 12.3.2015 ON THE FILE OF THE 1ST ADDITIONAL SUBORDINATE JUDGES COURT, KOZHIKODE.

EXT.P4A TRUE COPY OF THE REVIEW PETITION IE, RP NO.294/2015 IN EP NO.248/2015 IN OS 49/2011 ON THE FILE OF THE 1ST ADDITIONAL SUB COURT, KOZHIKODE DATED 13.3.2015 FILED BY THE PETITIONER EXT.P5A TRUE PHOTOCOPY OF THE EA NO.293/2015 IN EP NO.248/2014 IN OS 49/2011 DATED 13.3.2015 FILED BY THE PETITIONER TO RECALL THE WARRANT BEFORE THE 1ST ADDITIONAL SUB JUDGES COURT, KOZHIKODE .

RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(C) No.1035 of 2015 ````````````````````````````````````````````````````````````` Dated this the 25th day of May, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ Heard learned counsel for the petitioner and learned counsel for the 1st respondent.

2.

In the facts and circumstances of the case, the court below is directed to dispose of Ext.P4 review petition within 15 days from the date of receipt of a copy of this judgment.

OP(Civil) is disposed of accordingly.

Sd/- (B.KEMAL PASHA, JUDGE) aks/25/05 // True Copy // PA to Judge