Thomaskutty Eapen vs Raziya Fazal
2021 Latest Caselaw 22017 Ker

OP(C) NO. 1390 OF 2021
                                    1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                        OP(C) NO. 1390 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 956/2012 OF I ADDITIONAL SUB
                      COURT,ERNAKULAM, ERNAKULAM
PETITIONER/DECREE HOLDER:

             THOMASKUTTY EAPEN
             AGED 65 YEARS
             S/O. EAPEN, RESIDING AT KOCHUPURACKA HOUSE,
             ATHIRAMPUZHA P.O., ATHIRAMPUZHA VILLAGE,
             KOTTAYAM TALUK, KOTTAYAM DISTRICT.

             BY ADVS.
             M.V.BOSE
             VINOD MADHAVAN
             SHARATH S.PUTHENPARAMPAN
             A.KEVIN THOMAS



RESPONDENT/JUDGMENT DEBTOR:

             RAZIYA FAZAL
             AGED 47 YEARS
             W/O. FAZAL, RESIDING AT C C NO.XL VIII/823 (C1)
             PLOT NO.2, KEERTHI NAGAR, ERNAKULAM P.O.,
             PIN-682 026, EDAPALLY SOUTH VILLAGE,
             KANAYANNUR TALUK, ERNAKULAM DISTRICT.

             BY ADV BIJU ANTONY ALOOR




     THIS     OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION   ON
03.11.2021,     THE   COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 1390 OF 2021
                                 2




                            JUDGMENT

It is submitted that this O.P. is not pressed in view of the

vacation of stay by the execution court.

Submission recorded and the O.P. is dismissed as not

pressed.

Sd/-

A. BADHARUDEEN JUDGE scs OP(C) NO. 1390 OF 2021

APPENDIX OF OP(C) 1390/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT OF THE HON'BLE SUB COURT DATED 9.1.2018 IN O.S.NO.956 OF 2012.

Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 13.2.2020 IN F.A.O. NO.177 OF 2019.

Exhibit P3 TRUE COPY OF THE PETITION FILED BY THE PETITIONER IN E.A.NO.691 OF 2020 IN E.P.NO.163 OF 2018 IN O.S.NO.956 OF 2012 BEFORE THE SUB COURT, ERNAKULAM.

Exhibit P4 TRUE COPY OF THE AFFIDAVIT FILED BY THE RESPONDENT ON 16.3.2021 BEFORE THE ADDITIONAL SUB COURT 1 ERNAKULAM.

Exhibit P5 TRUE COPY OF THE PETITION FILED BY THE RESPONDENT AS E.A.331 OF 2021 IN E.P.163 OF 2018 IN O.S.956 OF 2012.

Exhibit P6 TRUE COPY OF THE ORDER OF THE ADDITIONAL SUB JUDGE-1, ERNAKULAM DATED 7.4.2021 IN E.A.NO.691 OF 2020 IN E.P.NO.163 OF 2018 IN OS NO.956 OF 2012.

Exhibit P7 COPY OF THE ORDER OF THE ADDITIONAL SUB JUDGE-1, ERNAKULAM DATED 9.4.2021 IN E.A.NO.691 OF 2020 IN E.P.NO.163 OF 2018 IN O.S.NO.956 OF 2012.

Exhibit P8 TRUE COPY OF THE PETITION FILED BY THE RESPONDENT BEFORE THE SUB COURT DATED 27.7.2021.

Exhibit P9 TRUE COPY OF THE AFFIDAVIT DATE 28.7.2021 FILED BY THE RESPONDENT IN E.A.NO.691 OF 2020 IN E.P.NO.163 OF 2018 IN O.S.NO.956 OF 2012 BEFORE THE SUB COURT, ERNAKULAM

Exhibit P10 TRUE COPY OF THE RECORD OF PROCEEDINGS/ORDER OF THE HON'BLE SUPREME COURT DATED 9.7.2021 IN PETITION FOR OP(C) NO. 1390 OF 2021

SPECIAL LEAVE TO APPEAL NO.8590 OF 2021.

Exhibit P11 TRUE COPY OF THE PETITION FILED IN E.A.NO.488 OF 2021 IN E.P.NO.163 OF 2018 IN O.S.NO.956 OF 2012 FILED BEFORE THE SUB COURT, ERNAKULAM.