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High Court of KeralaOP(C)/2592/2015allowed

Roy Mathew v. Kottakkad Kuries Pvt. Ltd.

2015-10-28Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 OP(C).No. 2592 of 2015 (O) --------------------------- OS NO. 1158/2014 OF 2ND ADDITIONAL MUNSIFF COURT, THRISSUR ----------------------- PETITIONER(S) :

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1. ROY MATHEW, AGED 43, S/O.CHETHALAN MATHEW, THRISSUR TALUK CHEMBUKKAVU VILLAGE DESOM, MUSEAM CROSS LANE CHEMBUKKAVU - 680020, RESIDING AT HOUSE NO.VI/413 A THRISSUR CORPORATION.

2. MARTIN MATHEW, AGED 38, S/O.CHETHALAN MATHEW, THRISSUR TALUK CHEMBUKKAVU VILLAGE DESOM, MUSEAM CROSS LANE CHEMBUKKAVU 680020, RESIDING AT HOUSE NO.VI/413 A THRISSUR CORPORATION BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.K.R.ARUN KRISHNAN RESPONDENT(S) :

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1. KOTTAKKAD KURIES PVT. LTD., KUTTOOR VILLAGE, KOTTEKKAD DESOM, THRISSUR TALUK REP. BY IT'S MANAGER - 680001.

2. JULY TISSERENT W/O.PADOOR CHALAKKAL TISSERENT, VELUR VILLAGE THALAPPILLY THALUK, THRISSUR DISTRICT - 680001.

3. TISSERENT PADOOR CHALAKKAL HOUSE, VELUR VILLAGE THALAPPILLY THALUK, THRISSUR THALUK - 680001 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

OP(C).No. 2592 of 2015 (O) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 :

A TRUE COPY OF THE SALE DEED NO.1416/2011 EXECUTED BY THE RESPONDENTS 2 AND 3 IN FAVOUR OF PETITIONERS DATED 11.05.2011.

EXT. P2:

A TRUE COPY OF TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, VELUR DATED 18.07.2014.

EXT. P3:

A TRUE COPY OF THE PLAINT IN OS.NO.1158/2014 BEFORE THE COURT OF MUNSIFF, THRISSUR DATED 17.02.2014.

EXT. P4:

A TRUE COPY OF IA.NO.4305/2014 IN OS.NO.1158/2014 DATED 17.02.2014.

EXT. P5:

A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE AS CONCERNING THE PROPERTY IN EXT P1 DATED 21.07.2014.

EXT. P6:

A TRUE COPY OF IA.NO.18060/2014 IN IA.NO.4305/2014 IN OS.NO.1158/2014 DATED 01.09.2014.

EXT. P7:

A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE FIRST RESPONDENT IN IA.NO.18060/2014 IN IA.NO.4305/2014 IN OS.NO.1158/2014 DATED 12.07.2015 RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C).No.2592 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of October, 2015

J U D G M E N T

The first respondent is the plaintiff and respondents 2 and 3 are defendants in O.S.1158 of 2014, which is for realisation of money. Under Order 38 Rule 5 of CPC a property was attached. The petitioners filed Ext.P6 application to lift the attachment on the ground that they have title to the property and the defendants have no right in it and it is not labile to be attached. The complaint is that the application has so far not been disposed of. 2.

Heard.

3.

The attachment was effected in 2014. The claim petition was filed in September 2014. The request is to direct the Munsiff to dispose it of without delay, which is reasonable.

In the result, this O.P is allowed. The learned Munsiff is directed to dispose of Ext.P6 at least within one month from the date of receipt or production of a copy of this judgment.

sd/- K. ABRAHAM MATHEW JUDGE R.AV