Kerala High Court
Ashok Harry Pothen vs Premlal on 12 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
OP(C) NO. 956 OF 2024
AGAINST THE ORDER DATED 19.10.2023 IN CS NO.83 OF 2023 OF II
ADDITIONAL COMMERCIAL COURT, THIRUVANANTHAPURAM
PETITIONER/RESPONDENT/2ND DEFENDANT:
ASHOK HARRY POTHEN, AGED 62 YEARS
MANAGING DIRECTOR M/S POTHEN MOTORS PVT LTD,
HAVING REGISTERED OFFICE AT FLAT 2A 2B KOWDIAR
MANOR, JAWAHAR NAGAR,THIRUVANANTHAPURAM, PIN -
695003
BY ADVS.ABHILASH M.J.
K.G.BALASUBRAMANIAN
RESPONDENT/PETITIONERS/PLAINTIFF:
1 PREMLAL, AGED 71 YEARS
FLAT NO 8A,ARTECH LAKE VIEW APARTMENTS,NH BYEPASS,
ANAYARA P.O TRIVANDRUM, PIN - 695029
2 INDIRA VASUDEVAN, AGED 68 YEARS
FLAT NO 8A,ARTECH LAKE VIEW APARTMENTS,NH BYEPASS,
ANAYARA P.O ,TRIVANDRUM, PIN - 695029
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.956/2024
-:2:-
JUDGMENT
Ext.P6 order passed under Order XXXVIII Rule 5 of the Code of Civil Procedure (for short 'the CPC') is under challenge in this original petition.
2. The petitioner is at liberty to furnish security or to show cause why he shall not furnish security. Thereafter, the court below shall pass appropriate orders in accordance with law under Rule 6 of Order 38 of the CPC.
The original petition is disposed of as above.
sd/-
DR. KAUSER EDAPPAGATH JUDGE kp O.P.(C).No.956/2024 -:3:- APPENDIX OF OP(C) 956/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SAID AGREEMENT FOR SALE DATED 22/03/2017 Exhibit P2 TRUE COPY OF THE SUIT FOR SPECIFIC PERFORMANCE BEING FILED AS O.S 121 OF 2023 BEING FILED ON 12/06/23 BEFORE THE HON SUB COURT ,TRIVANDRUM Exhibit P3 A TRUE COPY OF LICENSE AGREEMENT DATED 15/07/2015 Exhibit P4 A TRUE COPY OF THE PLAINT IN C.S 83 OF 2023 BEFORE COMMERCIAL COURT THIRUVANANTHAPURAM DATED 16/10/2023 Exhibit P5 A TRUE COPY OF THE I.A 2 OF 2023 IN CS 83/2023 DATED 16/10/2023 Exhibit P6 A TRUE COPY OF THE ORDER IN IA 2 OF 2023 IN CS 83/2023 BEFORE COMMERCIAL COURT THIRUVANANTHAPURAM DATED 19/10/2023 Exhibit P7 A TRUE COPY OF THE OBJECTION IN IA 2 OF 2023 IN CS 83/2023 BEFORE COMMERCIAL COURT THIRUVANANTHAPURAM DATED 04/11/2023 Exhibit P8 A TRUE COPY OF PETITION TO SET ASIDE EX PARTE ORDER DATED 04/11/2023