Mohammed Asharaf v. T.K.Thjomas

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937 OP(C).No. 1883 of 2015 (O) --------------------------- I.A. NO.4645/2014 IN O.S. NO.85/1971 OF SUB COURT, THIRUVANANTHAPURAM. ......

PETITIONER(S):

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1. MOHAMMED ASHARAF, S/O. MOHAMMED FATHIMA, THACHERIVILAKOM, EDAVA P.O.

2. ABDUL KHADAR, S/O. ABDUL RAHMAN KUNJU, AGED 83 YEARS, RESIDING AT KIZHAKKEVILA VEEDU, EDAVA P.O.

BY ADVS.SRI.M.BALAGOVINDAN, SRI.K.A.ASHAROF, SRI.T.K.ANANDA PADMANABHAN.

RESPONDENT(S):

---------------------------- T.K. THOMAS, ADVOCATE RECEIVER, VANCHIYOOR, THIRUVANANTHAPURAM- 695 001.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs.

OP(C).No. 1883 of 2015 (O) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P-1 TRUE COPY OF THE ORDER APPOINTING RECEIVER BEFORE THE SUB COURT, ATTINGAL DATED 28-07-1969.

EXHIBIT P-2 TRUE COPY OF THE ORDER IN I.A. 6145/71 IN O.S.85/71 APPOINTING THE RESPONDENT THOMAS AS RECEIVER BEFORE THE PRINCIPAL SUB JUDGE, TRIVANDRUM DATED 05-11-1971.

EXHIBIT P-3 TRUE COPY OF THE COMMUNICATION DATED 04-12-1971 ISSUED TO THE RESPONDENT.

EXHIBIT P-4 TRUE COPY OF THE DECREE IN O.S. 85/71 SUB COURT, THIRUVANANTHAPURAM DATED 31-07-1972.

EXHIBIT P-5 TRUE COPY OF THE PLAINT IN O.S.14/69 (RENUMBERED AS O.S. 85/71) SUB COURT, THIRUVANANTHAPURAM. EXHIBIT P-6 TRUE COPY OF THE JUDGMENT IN A.S.118/73 DATED 20-02-1980. EXHIBIT P-7 TRUE COPY OF THE JOINT COMPROMISE PETITION C.M.P.3673/79 IN A.S. NO. 118/73.

EXHIBIT P-8 TRUE COPY OF THE PAPER PUBLICATION IN MALAYALA MANORAMA DAILY.

EXHIBIT P-9 TRUE COPY OF THE ORDER OF APPELLATE AUTHORITY IN THE CONDONATION OF DELAY APPLICATION.

EXHIBIT P10 TRUE COPY OF THE I.A.4645/2014 IN O.S. 85/71 BEFORE THE SUB COURT, THIRUVANANTHAPURAM DATED 16-12-2014.

EXHIBIT P11 TRUE COPY OF THE REPORT OF THE RESPONDENT DATED 18-12-2014.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

B.KEMAL PASHA, J.

==================== O.P.(C). No.1883 of 2015 ===================== Dated this the 17th day of August, 2015

J U D G M E N T

Heard the learned counsel for the petitioners.

2. The court below is directed to dispose of Exhibit P10 I.A., as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

This Original Petition (Civil) is disposed of as above. Sd/- B.KEMAL PASHA JUDGE DSV/17/8/15