Kerala High Court
Maya Rani @ Maya vs Parambathukandi Aboobacker ... on 4 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
OP(C).No.1761 OF 2020
OS 18/2018 OF SUB COURT, CHENGANNUR
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PETITIONERS/PLAINTIFFS:
1 MAYA RANI @ MAYA
AGED 67 YEARS
WIFE OF LATE BALACHANDRAN PILLAI, RESIDING AT SEREE
VILASANTHUVEEDU, STORE JUNCTION MANNAR,KURITTISSERY
VILLAGE, CHANGANNOR TALUK, TALUK. 689 6322.
2 SWAPNA HARINARAYANAN,
AGED 44 YEARS
W/O. HARINARAYANAN, HAVING PERMANENT ADDRESS AT
SREE VILASANTHU VEEDU STORE JUNCTION MANNAR,
KURATTISSERI, KURATTISSERI VILLAGE, ALAPPUZHA
DISTRICT 689 622.
BY ADVS.
SRI.JOLLY JOHN
SMT.LIZA MEGHAN CYRIAC
SRI.JERIE RAMESH
SMT.ANUPAMA SIBI
RESPONDENT/DEFENDANT:
PARAMBATHUKANDI ABOOBACKER SIDDIQUE @ ABOOBACKER
SIDDIQUE P.K
AGED 65 YEARS
S/O.K.P. AHAMMED, BUSINESS BY PROFESSION, RESIDING
AT SEASHORE NEAR MUNICIPAL STADIUM, THALASSERY 670
101 THALASSERY VILLAGE AND THALASSERRY TALUK,
KANNUR DISTRICT.
R1 BY ADV. SRI.T.ASAFALI
R1 BY ADV. SMT.LALIZA.T.Y.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O. P. (C) No.1761 of 2020
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Dated this the 4th day of February, 2021
JUDGMENT
Pending IA 2/2020 seeking to set aside the ex
parte decree on the counter claim in OS 18/2018 on
the files of the Sub Court, Chengannore, the decree
on the counter claim is being enforced in EP
17/2020, is the grievance voiced in this original
petition by the plaintiffs in the suit-counter
claim defendants.
2. It has been reported by the Registry that
the execution petition presently stands posted to
10.03.2021. The proceedings in EP was stayed by
this Court on 02.12.2020 which order is still in
force.
O. P. (C) No.1761 of 2020
In the circumstances, the original petition is
disposed of directing the Sub Court, Chengannore to
consider and pass final orders on the application
IA 2/2020 in OS 18/2018 pending on its files as
expeditiously as possible and preferably before
10.03.2021.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
OP(C).No.1761 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT DATED 18TH/12/2018 FILED
BY THE PETITIONERS BEFORE THE HONBLE SUB COURT,
CHENGANNORE IN OS 18/2018.
EXHIBIT P2 TRUE COPY OF THE COUNTER CLAIM FILED BY THE
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE MEDICAL REPROT 22/05/2018 ISSUED
BY HI TECH DIAGNOSTIC CENTER DIAGNOSING THAT THE
1ST PETITIONER HAS ENHANCED BREAST CANCER.
EXHIBIT P4 TRUE COPY OF TEST REPROT OF THE 1ST PETITIONER
DATED 02/.06/2018 ISSUED BY DDRC ERNAKULAM.
EXHIBIT P5 TRUE COPY OF MEDICAL REPROT DATED 2/8/2019 OF THE
SON OF THE 2ND PETITIONER ISSUED BY AMRUTHA
CANCER INSTITUTE.
EXHIBIT P6 TRUE COPY OF CERTIFICATE DATED 21/08/2019 ISSUED
BY THE DEPARTMENT OF HAEMATOLOGY, CHRISTINA
MEDICAL COLLEGE VELLORE.
EXHIBIT P7 TRUE COPY OF I A 1/2020 FIELD BY THE PETITIONERS
BEFORE THE SUB COURT CHENGANNORE IN OS 18/2018.
EXHIBIT P8 TRUE COPY OF ORDER IN IA 1/2020 OF THE SUB COURT
CHENGANNORE IN OS 18/2018.
EXHIBIT P9 TRUE COPY OF JUDGMENT DATED 13/3/2020 IN
COUNTERCLAIM IN OS 18/2018 BY SUB COURT
CHENGANNORE.
EXHIBIT P10 TRUE COPY OF THE DECREE DATED 13/3/2020 IN
COUNTERCLAIM IN OS 18/2018 BY SUB COURT
CHENGANNORE.
EXHIBIT P11 TRUE COPY OF EP NO. 17/2020 DATED 8/10/2002 IN OS
NO. 18/220 BEFORE THE SUB COURT CHENGANNORE.
EXHIBIT P12 TRUE COPY OF IA 2/2020 DATED 10/11/2020 FILED BY
THE PETITIONERS UNDER ORDER IX RULE 13 OF CPC FOR
SETTING ASIDE THE EXHIBIT P9 JUDGMENT AND P10
DECREE.
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