Southern Drudging Company Pvt. ... vs K.Muhammed Haji
2021 Latest Caselaw 3250 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                      OP(C).No.1721 OF 2020

    E.P.NO.146/2018 IN O.S.NO.624/2012 OF SUB COURT, ERNAKULAM


PETITIONER/JUDGMENT DEBTOR & DEFENDANT:

             SOUTHERN DRUDGING COMPANY PVT. LTD.
             REPRESENTED BY ITS DIRECTOR-BIJU NARAYANAN,
             AGED 48 YEARS, S/O.LATE V.A.NARAYANAN,
             HAVING ITS REGISTERED OFFICE AT FLAT NO.905,
             PIONEER TOWER, MARINE DRIVE, ERNAKULAM - 682 031.

             BY ADVS.
             SMT.M.SANTHI (K/868/2011)
             SRI.G.RANJU MOHAN

RESPONDENT/DECREE HOLDER & PLAINTIFF:

             K.MUHAMMED HAJI
             S/O.MOOSAKUTTY HAJI, PWD CONTRACTOR, MPK MANZIL,
             EDAYANNUR P.O., KANNUR - 670 595.

             BY ADV. SRI.K.V.PAVITHRAN

     THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C) No.1721/2020                2




                           JUDGMENT

Dated this the 29th day of January 2021

The petitioner in this Original Petition is the judgment

debtor in Exhibit P15 Execution Petition now pending before Sub

Court, Ernakulam. The respondent decree holder obtained an

ex-parte decree for money in O.S.No.624 of 2012. Challenging

ex-parte decree, the petitioner moved trial court for setting aside

the decree after condoning delay. Both applications were

dismissed and it is submitted that Exhibits P13 and P14 appeals

are pending before the District Court, Kozhikode as against the

impugned order passed by the trial court.

2. It is submitted on behalf of the respondent that the

amount lying in deposit in the account of the judgment debtor

was attached and the cheque application is pending

consideration before the execution court. The grievance of the

petitioner is to the effect that though he has moved application

in execution for stay of proceedings in the light of Exhibits P13

and P14 appeals which are pending undisposed of, no orders

have been passed.

3. I heard the learned counsel appearing on either side.

4. Taking into account the nature of submissions made

before me, I am of the opinion that a direction is to be given to

the District Court, Kozhikode to take up Exhibits P13 and P14

proceedings and dispose of the matter within the shortest point

of time.

In the result, O.P.(C) is dismissed. The District Judge,

Kozhikode is directed to dispose of C.M.A.No.3 of 2019 and

C.M.A.No.4 of 2019 in accordance with law within a period of

one month from the date of receipt of a certified copy of this

judgment. It is made clear that the respondent decree holder

shall not proceed with the cheque application now pending

consideration before the execution court for a period of only one

month from today.

Sd/-

T.V.ANILKUMAR JUDGE csl

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF PLAINT FILED BEFORE THE DISTRICT COURT, THALASSERY AND NUMBERED AS O.S.NO.190/2011 WHICH WAS SUBSEQUENTLY TRANSFERRED TO SUB COURT, KOZHIKODE AND RE-NUMBERED AS O.S.NO.624/2012.

EXHIBIT P2 THE TRUE COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER IN EXHIBIT P1.

EXHIBIT P3 THE TRUE COPY OF PETITION BEING NO.I.A.NO.6631/2013, IN EXT.P1 SUIT.

EXHIBIT P4 TRUE COPY OF JUDGMENT OF THE SUB COURT, KOZHIKODE IN O.S.NO.624/2012 DATED 25/11/2013.

EXHIBIT P5 TRUE COPY OF JUDGMENT IN O.S.NO.624/12 DATED 9/10/2014.

EXHIBIT P6 TRUE COPY OF JUDGMENT IN O.S.624/2012 DATED 29/10/2015 OF SUB COURT, KOZHIKODE.

EXHIBIT P7 TRUE COPY OF AFFIDAVIT DATED 13/7/2016 FILED ALONG WITH THE PETITION TO CONDONE THE DELAY OF 198 DAYS.

EXHIBIT P8 TRUE COPY OF PETITION DATED 13/7/2016 FILED TO SET ASIDE EXT.P6.

EXHIBIT P9 TRUE COPY OF I.A.NO.1559/2017 IN I.A.NO.1036/2017 IN O.S.NO.624/2012.

EXHIBIT P10 TRUE COPY OF I.A.NO.1560/2017 IN I.A.NO.1037/2017 IN O.S.NO.624/2012.

EXHIBIT P11 TRUE COPY OF COMMON ORDER IN I.A.NO.1559/2017 AND 1560/2017 DATED 10/10/2017 OF SUB COURT, KOZHIKODE.

EXHIBIT P12 TRUE COPY OF JUDGMENT IN O.P.(CIVIL) NO.3051/2018 DATED 17/12/2018.

EXHIBIT P13 TRUE COPY OF CMA NO.3/2019, ON THE FILES OF DISTRICT JUDGE, KOZHIKODE.

EXHIBIT P14 TRUE COPY OF CMA NO.4/2019 ON THE FILES OF DISTRICT COURT, KOZHIKODE.

EXHIBIT P15 TRUE COPY OF PETITION WITH NO.E.P.NO.146/2018 IN O.S.NO.624/2012 DATED 24/9/2018 OF SUB JUDGE, ERNAKULAM.

EXHIBIT P16 TRUE COPY OF ORDER IN E.A.NO.459/2018 IN E.P.NO.146/2018 IN O.S.NO.624/2012 DATED 24/9/2018 OF SUB JUDGE, ERNAKULAM.

EXHIBIT P17 TRUE COPY OF E.A.NO.784/2019 IN E.P.NO.146/2018 IN O.S.NO.624/2012 ON THE FILES OF SUB COURT, ERNAKULAM.

EXHIBIT P18 TRUE COPY OF ORDER IN E.A.NO.784/2019 IN E.P.NO.146/2018 IN O.S.NO.624/2012 DATED 27/11/2019 OF PRINCIPAL SUB JUDGE, ERNAKULAM.

EXHIBIT P19 THE TRUE COPY OF JUDGMENT IN OP(C) NO.185/2020, DATED 22/1/2020.

EXHIBIT P20 THE TRUE COPY CHEQUE APPLICATION WITH NO.39/2020 IN EP NO.146/2018 BEFORE SUB COURT, ERNAKULAM.

EXHIBIT P21 THE TRUE COPY OF I.A.NO.1/2020 IN CMA NO.3/2019 ON THE FILES OF DISTRICT COURT, KOZHIKODE.

EXHIBIT P22 THE TRUE COPY OF COUNTER AFFIDAVIT FILED BY THE PETITIONER AGAINST EXHIBIT P20 IN E.P.NO.146/2018 BEFORE SUB COURT, ERNAKULAM.

EXHIBIT P23 TRUE COPY OF PETITION WITH NO.EA NO.537/2020 IN EXHIBIT P15 EP ON THE FILES OF SUB COURT, ERNAKULAM.

RESPONDENT'S DOCUMENTS :

Nil