IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
OP(C).No.1155 OF 2020
IA 2587/2019 IN OS 1555/2008 OF PRINCIPAL SUB COURT,THRISSUR
.......
PETITIONER/3RD DEFENDANT/3RD JUDGMENT DEBTOR:
SATHYAN
AGED 60 YEARS
S/O. VELUKUTTY, EDCHALIL HOUSE,
KODUNGALLLUR , THRISUR DISTRICT,PIN-680 664
BY ADVS.
SRI.K.S.RAJESH
SRI.M.SHAJU PURUSHOTHAMAN
RESPONDENTS/PLAINTIFF & 2ND DEFENDANT/DECREE HOLDER & 2ND JUDGMENT
DEBTOR:
1 GOLDEN KURIES
THRISSUR ,REPRESENTED BY ITS MANAGING PARTNER
P.P.JOSHY, S/O PORATHURU PALLIKKUNNATH POULOSE, AGED
58 YEARS, VADANAPILLY, CHAVAKKAD, THRISSUR
DISTRICT,PIN-680 506
2 TRIPURADEVI,
W/O.UNNIKRISHNAN, KOOVAKKATTU, ANCHAPALAM, METHALA
P.O., KONDUGALLUR, THRISSUR DISTRICT,PIN-689 669
R1 BY ADV. SRI.G.SREEKUMAR (CHELUR)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O. P. (C) No.1155 of 2020
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Dated this the 8th day of January, 2021
JUDGMENT
The third judgment debtor in a decree for money has approached this Court in this original petition.
2. During the course of the suit and before passing of the judgment, defendants 1 and 2 withdrew all the contentions and the plaintiff filed a memo to the effect that the suit as against the third defendant is withdrawn. A copy of the said statement dated 15.02.2010 is produced in this original petition as Ext.P1. The suit was disposed pursuant thereto.
3. However, due to an accidental slip or omission, the decree, while drafted, has been passed against the third defendant-petitioner also. Thereupon the petitioner filed application as IA 2587/2019 seeking correction of the accidental slip of the Court. The said application is pending consideration. In the meanwhile, taking advantage O. P. (C) No.1155 of 2020 :- 2 :-
of the mistake in the decree, execution is being levelled against the petitioner also, grieves the petitioner.
On the facts as noticed above, I dispose of this original petition directing the Principal Sub Court, Thrissur, to consider and pass orders on IA 2587/2019 in OS 1555/2008 as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. In the meanwhile, further proceedings in EP 1/2017 will stand stayed in so far as it relates to the petitioner-third judgment debtor.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge OP(C).No.1155 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE STATEMENT DATED 15.2.2010 FILED BY THE PLAINTIFF IN THE SUIT EXHIBIT P2 THE TRUE COPY OF THE DECREE DATED 20.12.2010 IN OS 1555/2008 OF THE PRINCIPAL SUB COURT, THRISSUR EXHIBIT P3 THE TRUE COPY OF THE EP 1/2017 DATED 3.1.2017 OF THE MUNSIFF COURT, KODUNGALLUR EXHIBIT P4 THE TRUE COPY OF THE CORRECTION PETITION IA 2587/2019 DATED 1.8.2019
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