High Court of KeralaOP(C)/2602/2015disposed of

Kunjamma v. Muhammed Kunju Nabeezath

2015-10-29Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 OP(C).No. 2602 of 2015 (O) --------------------------- (AGAINST THE ORDER DATED 12.10.2015 IN EP.NO.227/2012 IN OS.NO.284/1989, ADDITIONAL SUB COURT, KOTTAYAM) PETITIONER(S):

-------------------------- KUNJAMMA AGED 74 YEARS D/O.MYLAN, THAKADIPURAYIDATHIL HOUSE, PALLICKACHIRA PO PAIPPADU KARA, THRIKODITHANAM VILLAGE CHANGANASSERY TALUK.

BY ADVS.SRI.DINESH R.SHENOY SMT.K.K.JYOTHILAKSHMY SRI.SANIL JOSE RESPONDENT(S):

----------------------------

1. MUHAMMED KUNJU NABEEZATH W/O.MUHAMMED KUNJU, THEKKEKARA HOUSE EAST MUTHOOR KARA, THIRUVALLA VILLAGE THIRUVALLA 689 101.

2. MUHAMMED KUNJU THEKKEKARA HOUSE, EAST MUTHOOR KARA THIRUVALLA VILLAGE, THIRUVALLA 689 101.

3. KUNJAPPAN GOPI S/O.KUNJAPPAN, THAKIDIPPURATHU HOUE PALLICKACHIRA POST, PAIPPADU KARA THRIKODITHANAM VILLAGE, CHANGANASSERY TALUK 686 105. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 2602 of 2015 (O) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT.P1- TRUE PHOTOCOPY OF ORDER DATED 27.9.2013 IN IA NO.702/2013 IN OS NO.54/2012, MUNSIFF COURT, CHANGANACHERY EXHIBIT.P2- TRUE PHOTOCOPY OF JUDGMENT DATED 20.7.2015 IN EX. SA.NO.13/2015 , HIGH COURT OF KERALA EXHIBIT.P3- TRUE PHOTOCOPY OF OBSTRUCTION PETITOIN, EA NO.305/2015 IN EP NO.227/2012 IN OS NO.284/1989, ADDITIONAL SUB COURT, KOTTAYAM. EXHIBIT.P3(A)- TRUE PHOTOCOPY OF THE PETITON SCHEDULE IN EA NO.305/2015 IN EP NO.227/2012 IN OS NO.284/1989, ADDITIONAL SUB COURT, KOTTAYAM. EXHIBIT.P4- TRUE PHOTOCPY OF THE STAY PETITION IN EA NO.305/2015 IN EP NO.227/2012 IN OS NO.284/1989, ADDITIONAL SUB COURT, KOTTAYAM. EXHIBIT.P5- TRUE PHOTOCOPY OF THE COMMISSION APPLICATION IN EA NO.305/2015 IN EP NO.227/2012 IN OS NO.284/1989, ADDITIONAL SUB COURT, KOTTAYAM.

EXHIBIT.P6- TRUE TYPE COPY OF THE ORDER DATED 12.10.2015 INEP NO.227/2012 IN OS NO.284/1989, ADDITIONAL SUB COURT, KOTTAYAM. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- R.AV //True Copy// PA to Judge

K.ABRAHAM MATHEW, J --------------------------------- O.P.(C).NO.2602 OF 2015 ----------------------------------- Dated this the 29th day of October 2015

J U D G M E N T

------------------ Respondents 1 and 2 are decree holders in OS.284 of 1989 of Sub Court, Kottayam. The decree is for specific performance of an agreement for sale. In EP.227 of 2012 they prayed for delivery of the property. The petitioner filed Ext.P3 EA.305 of 2015 under Order 21 Rule 97 of CPC. The complaint is that without disposing it of the learned Sub Judge has posted the EP for delivery of the property.

Heard.

I think on facts of the case it is sufficient that a direction is issued to the learned Sub Judge to dispose of EA.305 of 2015 before delivery is effected.

In the result, this O.P is disposed of with a direction to the learned Sub Judge to dispose of Ext.P3 application before the delivery is effected if it has so far not been disposed of.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge