Devaki vs Unknown
2021 Latest Caselaw 3779 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

    TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                     OP(C).No.1794 OF 2020

E.P.NO. 25/2016 IN OS 73/2004 DATED 05-11-2020 OF PRINCIPAL SUB
                        COURT, PALAKKAD

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PETITIONERS/JUDGMENT DEBTORS 1 & 2 IN E.P.NO.25/2016:

      1      DEVAKI,
             AGED 82 YEARS
             W/O. LATE SUKUMARAN, MANKURUSI AMSOM,
             PALAKKAD TALUK, PALAKKAD DISTRICT

      2      HARSHAN
             AGED 58 YEARS
             S/O. LATE SUKUMARAN, MANKURUSI AMSOM,
             PALAKKAD TALUK, PALAKKAD DISTRICT

             BY ADVS.
             SRI.ABRAHAM P.GEORGE
             SMT.M.SANTHY

RESPONDENTS/DECREE HOLDER AND RESPONDENTS 3 & 4 IN E.P.NO.
25/2016:

      1      PALAKKAD SARVODAYA SANGAM,
             OTTAPPALAM, REGISTRATION NO.30/84 REPRESENTED BY
             ITS SECRETARY, PIN-679 101

      2      MEGHANATHAN
             AGED 45 YEARS
             S/O. LATE SUKUMARAN, POLY GARDEN, LEKKIDI,
             OTTAPPALAM, PIN-679 301

      3      RENUKA
             AGED 43 YEARS
             D/O. LATE SUKUMARAN, POLY GARDEN, LEKKIDI,
             OTTAPPALAM, PIN-679 301


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
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                O. P. (C) No.1794 of 2020
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          Dated this the 2nd day of February, 2021


                        JUDGMENT

It is submitted by the learned counsel for the

petitioners that pursuant to the order impugned the

property in question has been delivered over in

execution and that the Original Petition has become

infructous.

The original petition is accordingly dismissed

as infructuous.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge OP(C).No.1794 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DECREE PASSED IN OS NO.73/2004 DATED 6.6.2009

EXHIBIT P2 TRUE COPY OF THE DECREE PASSED IN AS NO.320/2009 BY THE HON'BLE DISTRICT COURT,PALAKKAD

EXHIBIT P3 TRUE PHOTOCOPY OF THE EXECUTION PETITION

-EP NO.25/2016 IN OS NO.73/2004 BEFORE THE HON'BLE PRL.SUB COURT PALAKKAD FILED BY THE DECREE HOLDER

EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 16.10.2018 FILED BY THE JUDGMENT DEBTOR

EXHIBIT P5 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE BASIC TAX REGISTER OF MANKARA VILLAGE

EXHIBIT P6 THE CERTIFIED COPY OF THE ORDER PASSED BY THE HON'BLE COURT BELOW IN WPC NO.25/2016 IN OS NO.73/2004

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