IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
OP(C) NO. 2174 OF 2017
IN E.P.NO.206/2011 IN O.S.NO.229/2002 OF PRINCIPAL MUNSIFF
COURT, KOLLAM
PETITIONERS/EXECUTION PETITIONERS/DECREE HOLDERS:
1 VIJAYAMMA
AGED 56 YEARS, W/O.SIVANANDAN,
THODIYIL VEEDU, PERAYAM, THAZHUTHALA VILLAGE,
KOLLAM.
2 SIVANANDAN
S/O.KUNJUKUNJU (DIED),
THODIYIL VEEDU, PERAYAM, THAZHUTHALA VILLAGE,
KOLLAM.
3 SIVAPRASAD
AGED 32 YEARS, S/O.SIVANANDAN,
THODIYIL VEEDU, PERAYAM, THAZHUTHALA VILLAGE,
KOLLAM.
4 VIJAYASREE
AGED 30 YEARS, D/O.SIVANANDAN,
THODIYIL VEEDU, PERAYAM, THAZHUTHALA VILLAGE,
KOLLAM.
5 GAYATHRI
AGED 29 YEARS, D/O.SIVANANDAN,
THODIYIL VEEDU, PERAYAM, THAZHUTHALA VILLAGE,
KOLLAM.
BY ADVS. K.SHAJ
RENJIT GEORGE
RESPONDENTS/RESPONDENTS/JUDGMENT DEBTORS:
1 MANMADAN
AGED 45 YEARS, S/O.RAGHAVAN PILLAI,
VALIYA IDAVANA VEEDU, PERAYAM,
THAZHUTHALA VILLAGE, KOLLAM-691 009.
O.P.(C)No.2174/2017
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2 BALACHANDRAN PILLAI
AGED 54 YEARS, S/O.KESAVA PILLAI,
DIVYA COTTAGE, PERAYAM, THAZHUTHALA VILLAGE,
KOLLAM-691 009.
3 VASANTHA BALACHANDRAN
W/O.BALACHANDRAN PILLAI, DIVYA COTTAGE, PERAYAM,
THAZHUTHALA VILLAGE, KOLLAM-691 009.
4 JANARDHANAN PILLAI
AGED 49 YEARS, S/O.CHELLAPPAN PILLAI,
KONATHU VEEDU, PERAYAM, THAZHUTHALA VILLAGE,
KOLLAM-691 009.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.2174/2017
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Dated this the 17th day of June,2022
JUDGMENT
The original petition is filed, challenging the order dated 11.12.2015 passed in E.P.No.206/2011 in O.S.No.229/2002 (Ext.P7) of the Court of the Principal Rent Control Court, Kollam, closing the execution petition. Even though this original petition was filed as early as on 17.07.2017, it has not been admitted, no interim order has been passed and notice has not been issued to the respondent. At this distance of time, I assume that nothing further survives in this original petition. Hence, without prejudice to the right of the petitioners to work out the remedies in accordance with law, this original petition is dismissed.
Sd/-
C.S.DIAS,JUDGE
DST/17.06.22 //True copy/
P.A.To Judge
O.P.(C)No.2174/2017
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APPENDIX OF OP(C) 2174/2017
PETITIONERS' EXHIBITS:
EXHIBIT P1 : TRUE COPY OF PLAINT IN OS NO.229/2002 ON
THE FILES OF THE MUNSIFF COURT, KOLLAM DATED 28-3-2002.
EXHIBIT P2 : TRUE COPY OF THE JUDGMENT IN OS NO.229/2002 ON THE FILES OF THE MUNSIFF COURT, KOLLAM DAT3D 9-7-2004.
EXHIBIT P3 : TRUE COPY OF THE DECREE IN OS NO.229/2002 ON THE FILES OF THE MUNSIFF COURT, KOLLAM DAED 9-7-2004.
EXHIBIT P4 : TRUE COPY OF EP NO.206/2011 IN OS NO.229/2002 OF THE MUNSIFF COURT, KOLLAM. EXHIBIT P5 : TRUE COPY OF THE OBJECTIONS FILED BY THE JUDGMENT DEBTORS TO THE APPLICATION FOR ISSUANCE OF A COMMISSION.
EXHIBIT P6 : TRUE COPY OF THE REPORT OF THE COMMISSIONER AND THE PLAN SUBMITTED IN EP 206/2011 IN OS NO.239/2002 OF THE MUNSIFF COURT, KOLLAM.
EXHIBIT P6(A) : TRUE COPY OF PLAN ACCOMPANYING EXHIBIT P6 EXHIBIT P7 : TRUE COPY OF ORDER DATED 11-12-2015 OF THE PRINCIPAL MUNSIFF COURT, KOLLAM IN OS NO.229/2002.
RESPONDENTS' EXHIBITS: NIL