Sathyan vs Unknown
2021 Latest Caselaw 771 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SATHISH NINAN

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                      OP(C).No.1155 OF 2020

   IA 2587/2019 IN OS 1555/2008 OF PRINCIPAL SUB COURT,THRISSUR

                             .......


PETITIONER/3RD DEFENDANT/3RD JUDGMENT DEBTOR:

             SATHYAN
             AGED 60 YEARS
             S/O. VELUKUTTY, EDCHALIL HOUSE,
             KODUNGALLLUR , THRISUR DISTRICT,PIN-680 664

             BY ADVS.
             SRI.K.S.RAJESH
             SRI.M.SHAJU PURUSHOTHAMAN

RESPONDENTS/PLAINTIFF & 2ND DEFENDANT/DECREE HOLDER & 2ND JUDGMENT
DEBTOR:

      1      GOLDEN KURIES
             THRISSUR ,REPRESENTED BY ITS MANAGING PARTNER
             P.P.JOSHY, S/O PORATHURU PALLIKKUNNATH POULOSE, AGED
             58 YEARS, VADANAPILLY, CHAVAKKAD, THRISSUR
             DISTRICT,PIN-680 506

      2      TRIPURADEVI,
             W/O.UNNIKRISHNAN, KOOVAKKATTU, ANCHAPALAM, METHALA
             P.O., KONDUGALLUR, THRISSUR DISTRICT,PIN-689 669

             R1 BY ADV. SRI.G.SREEKUMAR (CHELUR)

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
            ==================
                  O. P. (C) No.1155 of 2020
            ==================
            Dated this the 8th day of January, 2021

                                JUDGMENT

The third judgment debtor in a decree for money

has approached this Court in this original

petition.

2. During the course of the suit and before

passing of the judgment, defendants 1 and 2

withdrew all the contentions and the plaintiff

filed a memo to the effect that the suit as against

the third defendant is withdrawn. A copy of the

said statement dated 15.02.2010 is produced in this

original petition as Ext.P1. The suit was disposed

pursuant thereto.

3. However, due to an accidental slip or

omission, the decree, while drafted, has been

passed against the third defendant-petitioner also.

Thereupon the petitioner filed application as IA

2587/2019 seeking correction of the accidental slip

of the Court. The said application is pending

consideration. In the meanwhile, taking advantage O. P. (C) No.1155 of 2020 :- 2 :-

of the mistake in the decree, execution is being

levelled against the petitioner also, grieves the

petitioner.

On the facts as noticed above, I dispose of

this original petition directing the Principal Sub

Court, Thrissur, to consider and pass orders on IA

2587/2019 in OS 1555/2008 as expeditiously as

possible and at any rate within a period of two

months from the date of receipt of a copy of this

judgment. In the meanwhile, further proceedings in

EP 1/2017 will stand stayed in so far as it relates

to the petitioner-third judgment debtor.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge OP(C).No.1155 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE STATEMENT DATED 15.2.2010 FILED BY THE PLAINTIFF IN THE SUIT

EXHIBIT P2 THE TRUE COPY OF THE DECREE DATED 20.12.2010 IN OS 1555/2008 OF THE PRINCIPAL SUB COURT, THRISSUR

EXHIBIT P3 THE TRUE COPY OF THE EP 1/2017 DATED 3.1.2017 OF THE MUNSIFF COURT, KODUNGALLUR

EXHIBIT P4 THE TRUE COPY OF THE CORRECTION PETITION IA 2587/2019 DATED 1.8.2019

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