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High Court of KeralaOP(C)/2141/2014disposed of

Kunju Muhammed Kunju @ Shoukath v. Kadijath

2015-02-26Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 OP(C).No. 2141 of 2014 (O) -------------------------------------- AS 12/2014 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA AGAINST THE JUDGMENT IN OS 477/2005 of MUNSIFF COURT,KAYAMKULAM ---------------- PETITIONER/3RD DEFENDANT:

------------------------------------------- KUNJU MUHAMMED KUNJU @ SHOUKATH, AGED 38 YEARS RESIDING AT KOLTHACHAN MURIYIL VEEDU, ERUVA MURI PATHIYOOR VILLAGE.

BY ADVS.SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENT/PLAINTIFF:

------------------------------------- KAHIJATH W/O. HUSSAIN, RESIDING AT KOLATHACHAN MURIYIL VEEDU ERUVA MURI, PATHIYOOR VILLAGE FROM KOCHAYYATH PUTHEN VEEDU, PERINGALA MURI KAYAMKULAM VILLAGE-690502.

BY ADVS. SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 26-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

OP(C).No. 2141 of 2014 (O) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1TRUE COPY OF THE COPY APPLICATION MADE BY THE PETITIONER DATED 26/6/2013.

EXHIBIT P2TRUE COPY OF THE EXECUTION PETITION FILED Y THE RESPONDENT BEFORE THE MUNSIFF COURT, KAYAMKULAM DT. 13-1-14. EXHIBIT P3TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE ADDL. DISTRICT COURT, MAVELIKARA.

EXHIBIT P4TRUE COPY OF THE DELAY CONDONATION PETITION FILED BY THE PETITIONER IN 12/2014 BEFORE THE ADDL. DISTRICT COURT MAVELIKARA 30-1-14.

EXHIBIT P5TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN AS NO. 12/2014 BEFORE THE ADDL. DISTRICT COURT MAVELIKARA 30-1-14.

EXHIBIT P6TRUE COPY OF THE RELEVANT EXTRACT OF THE A REGISTER. EXHIBIT P7TRUE COPY OF EA NO. 119/2014 IN EP NO. 8/2014 IN WA NO. 477/2005 FILED BEFORE THE MUNSIFFS COURT KAYAMKULAM 16-9-14. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 2141 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of February, 2015

J U D G M E N T

The only prayer made by the petitioner in this original petition is for direction to the court below to take up the delay condonation petition and dispose it of on merits as expeditiously as possible.

2.

The petitioner suffered a decree and the decree was put in execution and appeal has been filed. The appeal was admittedly filed out of time. There was a delay of 185 days in filing the appeal. In the affidavit, the petitioner has stated the reason as to how the delay happened. Any how, the matter is pending before the lower appellate court. 3.

The only prayer made by the petitioner now is for a direction to dispose of Ext.P4, delay condonation petition and till that time, to keep the execution proceedings in abeyance.

O.P.(C) No. 2141 of 2014 -2This petition is disposed of directing the court below to take up Ext.P4, delay condonation petition in appeal ie. A.S.No.12/2014 pending before the Additional District Court, Mavelikkara and dispose it of as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

Till then, execution proceedings shall be kept in abeyance.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge