Julie. C. Varghese vs Ramachandran
2021 Latest Caselaw 16239 Ker

OP(C) NO. 1084 OF 2021
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                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                         THE HONOURABLE MR.JUSTICE V.G.ARUN
          WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                              OP(C) NO. 1084 OF 2021
          AGAINST THE ORDER/JUDGMENT IN OS 427/2020 OF PRINCIPAL SUB
                                  COURT,THRISSUR
PETITIONER/PETITIONER

               JULIE. C. VARGHESE
               AGED 43 YEARS
               W/O. KALLIATHUPARAMBIL TOMY, D/O. VARGHESE, RESIDING AT
               CHITTILAPILLY KUNNATHU, P.O PARAPPUR 680 552, PARAPPUR
               DESOM, CHALAKKAL VILLAGE, THRISSUR TALUK.
               BY ADVS.
               P.R.VENKATESH
               G.KEERTHIVAS


RESPONDENTS:

      1        RAMACHANDRAN
               S/O. RAMAN, KANNANKUMARATH, PERMANGALAM P.O, THRISSUR
               DISTRICT 680 545
      2        SHAJU JACOB,
               S/O. JACOB, CHITTILAPILLY , P.O ANJOOR MUNDUR 680 541,
               PUTTEKARA DESOM, ANJOOR VILLAGE, THRISSUR TALUK
               BY ADVS.
               K.A.AUGUSTINE
               P.LISSY JOSE



THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1084 OF 2021
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                                JUDGMENT

Dated this the 04th day of August 2021

The petitioner claims to be the bona fide

purchaser for value of the plaint schedule property.

The court below having ordered attachment before

judgment over the plaint schedule property, the

petitioner has filed an interlocutory application

seeking to lift the attachment. The limited prayer in

this original petition is to direct the court below to

dispose the interlocutory application expeditiously.

2. In the report called for by this Court, the

learned Sub Judge has stated that the petition stands

posted to 14.09.2021 and if the petitioner is ready to

take steps to serve notice on the Counsel for the

respondents, every endeavor be taken to dispose the

petition at the earliest.

3. Learned Counsel for the petitioner submits

that notice has been served on the Counsel for the

respondents and thereupon, hearing of the

interlocutory application was advanced and the OP(C) NO. 1084 OF 2021

hearing has commenced from 03.08.2021 onwards.

4. I heard the learned Counsel for the

respondents also.

5. The proceedings for passing orders on the

interlocutory application having commenced, the Sub

Judge, Thrissur is directed to take earnest efforts to

dispose of I.A.No.4 of 2021 in I.A.No.2 of 2020 in

O.S.No.427 of 2020 within one month of receipt of a

copy of this judgment.

The Original Petition is disposed of accordingly.

Sd/-

V.G.ARUN

JUDGE NB/4-8 OP(C) NO. 1084 OF 2021

APPENDIX OF OP(C) 1084/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REGISTERED ASSIGNMENT DEED NO 2133/2020 AT THE SRO, MUNDUR EXHIBIT P2 TRUE COPY OF THE E.C DATED 2-2-2021 EXHIBIT P3 TRUE COPY OF THE I.A NO. 4/2021 FOR LIFTING OF THE ATTACHMENT ORDER PASSED BY THE SUB COURT, THRISSUR. EXHIBIT P4 TRUE COPY OF THE PLAINT IN OS NO. 427/2020 ON THE FILES OF THE THRISSUR SUB COURT. EXHIBIT P5 TRUE COPY OF ATTACHMENT APPLICATION I.A NO. 2/2020 FILED IN OS NO. 427/2020 EXHIBIT P6 TRUE COPY OF THE LAND TAX RECEIPT DATED 21-1-2021

RESPONDENT'S EXHIBITS: NIL

True Copy P.A to Judge