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2021 Latest Caselaw 1149 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE SATHISH NINAN

      TUESDAY, THE 12TH DAY OF JANUARY 2021/22TH POUSHA, 1942

                      O.P.(C)No.1423 OF 2020

   (AGAINST THE ORDER IN E.P.No.9/2020 IN A.R.C.No.1126/2019
             OF I ADDITIONAL SUB COURT, KOZHIKODE)


PETITIONER/DECREE DEBTOR/1ST RESPONDENT IN ARC:

           KUNNAMANGALAM URBAN CO-OPERATIVE SOCIETY,
           D-2750, KUNNAMANGALAM, KOZHIKODE DISTRICT,
           REPRESENTED BY ITS SECRETARY JISHA V.K.,
           AGED 40 YEARS, D/O.GANGADHARAN NAIR.

           BY ADVS.
           SRI.R.SUDHISH
           SRI.TENISON THOMAS
           SMT.M.MANJU


RESPONDENTS/DECREE HOLDER/PLAINTIFF IN ARC:

  1        UMESH KUMAR A.K., ADVOCATE,
           S/O.P.KRISHNAN NAIR,
           RESIDING AT 'LAKSHMI KRIPA',
           KARANTHOOR POST, KOZHIKODE-673 571.

  2        SHOBHANA UMESH KUMAR, W/O.UMESH KUMAR A.K.,
           RESIDING AT 'LAKSHMI KRIPA',
           KARANTHOOR POST, KOZHIKODE-673 571.

           R1-2 BY ADV. SMT.BIMALA BABY

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.1423 OF 2020


                            2




                         JUDGMENT

Recording the submission of the learned counsel

for the petitioner, the original petition is dismissed

as infructuous.

Sd/-

SATHISH NINAN

JUDGE

ss O.P.(C)No.1423 OF 2020

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF THE PLAINT A.R.C.NO.1126 OF 2019 ON THE FILE OF THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE.

EXHIBIT P2 COPY OF THE AWARD IN A.R.C.NO.1126 OF 2019 OF THE ASSISTANT REGISTRAR, CO- OPERATIVE SOCIETIES (GENERAL), KOZHIKODE.

EXHIBIT P3 COPY OF THE E.P.NO.91 OF 2020 PENDING BEFORE THE 1ST ADDITIONAL SUB COURT, KOZHIKODE DATED 17.06.2020.

EXHIBIT P4 COPY OF THE MEMORANDUM OF APPEAL NO.50 OF 2020 PENDING BEFORE THE CO- OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 09.07.2020.

EXHIBIT P5 COPY OF THE STAY PETITION FILED BY THE PETITIONER IN APPEAL NO.50 OF 2020 PENDING BEFORE THE CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.

EXHIBIT P6 COPY OF THE CHEQUE APPLICATION NO.128 OF 2020 IN E.P.NO.91 OF 2020 IN A.R.C.NO.1126 OF 2019 BEFORE THE 1ST ADDITIONAL SUB COURT, KOZHIKODE.