Kerala High Court
Beevathumma vs Unknown on 18 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942
OP(C).No.1765 OF 2020
IN E.A.NO.64/2020 IN E.P. NO.18/2019 IN OS 357/2004 OF MUNSIFF
COURT, WADAKKANCHERRY
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PETITIONER/JUDGMENT DEBTOR/DEFENDANT:
BEEVATHUMMA,
AGED 80 YEARS
W/O. MOIDUNNY, KELAPLAKKAL VEEDU, T B ROAD, OTTUPARA
DESOM, TALAPPILLY TALUK,
THRISSUR DISTRICT-680 590.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS/DECREE HOLDERS AND THE JUDGMENT DEBTORS 2 AND
3/PLAINTIFFS AND THE DEFENDANTS 2 AND 3:
1 JOICY
W/O. MANUMBAL ABRAHAM, KUMARANELLUR VILLAGE DESOM,
TALAPPILLY TALUK, THRISSUR DISTRICT-680 590.
2 ABRAHAM
S/O.MANDUMBAL ABRAHAM, KUMARANELLUR VILLAGE DESOM,
TALAPPILLY TALUK, THRISSUR DISTRICT-680 590.
3 ALI
AGED 54 YEARS
S/O. BEEVATHUMMA, KELAPLAKKAL VEEDU, T.B. ROAD,
OTTUPARA DESOM, TALAPPILLY TALUK, THRISSUR DISTRICT-
680 590.
4 NABEESA
AGED 49 YEARS
S/O. ALI, KELAPLAKKAL VEEDU, T B ROAD,
OTTUPARA DESOM, TALAPPILLY TALUK,
THRISSUR DISTRICT-680 590.
R1-2 BY ADV. DR.GEORGE ABRAHAM
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O. P. (C) No.1765 of 2020
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Dated this the 18th day of January, 2021
JUDGMENT
Challenging the decree and judgment sought to
be executed, the petitioner-defendant has filed
second appeal before this Court as RSA 358/2018.
Since the same is accompanied by a petition to
condone delay, the petitioner was not able to
secure an order of stay; in the meanwhile,
proceedings in execution are being continued, is
the grievance voiced in this original petition.
2. The learned counsel for the petitioner
submits that, pending the proceedings, the
petitioner has filed EA 16/2021 before the
execution court under Order XXI Rule 26 CPC which
application is maintainable and liable to be
considered in view of the judgment of this Court
reported in Mathew Titus v. Thankamma Titus [1999 (3) KLT 539].
3. The original petition is disposed of
directing the execution court to consider EA
16/2021 pending on its files expeditiously and
O. P. (C) No.1765 of 2020
before EP 18/2019 is further proceeded with.
Original petition is disposed of as above.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
OP(C).No.1765 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE APPEAL MEMORANDUM IN RSA
NO.358 OF 2018 DATED 26.3.2018 BEFORE THIS
HON'BLE COURT.
EXHIBIT P2 A TRUE COPY OF THE RESOLUTION OF THE
WADAKKANCHERY GRAMA PANCHAYATH DATED
25.7.2000.
EXHIBIT P3 A TRUE COPY OF THE INTERIM ORDER PASSED IN
WPC NO.32684 OF 2019 DATED 2.12.2019.
EXHIBIT P4 A TRUE COPY OF THE ORDER PASSED IN EA NO.64
OF 2020 IN EP NO.18 OF 2019 IN OS NO.357 OF
2014 DATED 10.11.2020 ON THE FILE OF THE
MUNSIFF COURT, WADAKKANCHERRY.
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