OP(C) NO. 733 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 1ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944
OP(C) NO. 733 OF 2021
AGAINST THE ORDER/JUDGMENT CMA 60/2019 OF III ADDITIONAL
DISTRICT COURT, PALAKKAD
PETITIONER/S:
RAVEENDRAN
AGED 61 YEARS
S/O.SUBADRAMMA, SREELAKAM, KAMMANTHARA,
KOLLENGODE, PALAKKAD
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
RAMDAS.P.MENON ALIAS RAMDAS, REP BY POWER OF
ATTORNEY HOLDER SREEJITH, S/O. GOPALAKRISHNAN,
LAKSHMY VIHAR, AMBALAMUKKU, KADUCHIRA,
PATTANCHERRY, CHITTUR, PALAKKAD-678 532
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 733 OF 2021
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JUDGMENT
The original petition is filed to direct the Court of the Additional District Judge -III, Palakkad to consider and pass orders in I.A.Nos.1 and 2 of 2021 in CMA No.160/2019 within a stipulated time and until such time to keep all further proceedings in E.P.No.36/2017 in O.S.No.89/2016 in abeyance.
2. When the original petition came up for admission on 23.03.2021, this Court stayed the execution proceedings on condition that the petitioner deposits an amount of Rs.75,000/- before the Execution Court within two weeks from the date of the order. It was made clear that that if the amount was not deposited, the Execution Court would be at liberty to proceed with the execution proceedings. Undisputedly, the petitioner has not complied with the order. CMA No.60/2019 has been dismissed. The Execution Court OP(C) NO. 733 OF 2021 3 has proceeded with the execution proceedings. Therefore, nothing further survives in this original petition. The original petition fails and is dismissed.
Sd/-
C.S.DIAS, JUDGE rkc/01.08.22 OP(C) NO. 733 OF 2021 4 APPENDIX OF OP(C) 733/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER IN R.P.I.A.NO.1729/2017 IN OS NO.89 OF 2016 OF THE COURT OF THE MUNISFF OF CHITTUR DATED 20.02.2018 EXHIBIT P2 TRUE COPY OF THE ORDER IN I.A.NO.1728/2017 IN OS NO.89 OF 2016 OF THE COURT OF THE MUNISFF OF CHITTUR DATED 20.02.2018 EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN OPC NO.2663 OF 2019 OF THIS HON'BLE COURT DATED 24.01.2020 EXHIBIT P4 CERTIFIED COPY OF THE JUDGMENT IN C.M.A.NO.60/2019 OF THE COURT OF THE ADDITIONAL DISTRICT JUDGE-III, PALAKKAD DATED 03.11.2020 EXHIBIT P5 TRUE COPY OF THE I.A.NO.1 OF 2021 IN CMA NO.60/2019 OF THE COURT OF THE ADDITIONAL DISTRICT JUDGE-III, PALAKKAD DATED 28.01.2021 EXHIBIT P6 TRUE COPY OF THE I.A.NO.2 OF 2021 IN CMA NO.60/2019 OF THE COURT OF THE ADDITIONAL DISTRICT JUDGE-III, PALAKKAD DATED 28.01.2021