Raveendran vs Ramdas.P.Menon Alias Ramdas
2022 Latest Caselaw 9169 Ker

OP(C) NO. 733 OF 2021
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE C.S.DIAS
  MONDAY, THE 1ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944
                        OP(C) NO. 733 OF 2021
 AGAINST THE ORDER/JUDGMENT CMA 60/2019 OF III ADDITIONAL
                      DISTRICT COURT, PALAKKAD
PETITIONER/S:

            RAVEENDRAN
            AGED 61 YEARS
            S/O.SUBADRAMMA, SREELAKAM, KAMMANTHARA,
            KOLLENGODE, PALAKKAD

            BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT/S:

            RAMDAS.P.MENON ALIAS RAMDAS, REP BY POWER OF
            ATTORNEY HOLDER SREEJITH, S/O. GOPALAKRISHNAN,
            LAKSHMY VIHAR, AMBALAMUKKU, KADUCHIRA,
            PATTANCHERRY, CHITTUR, PALAKKAD-678 532


     THIS     OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION   ON
01.08.2022,     THE   COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 733 OF 2021
                              2

                        JUDGMENT

The original petition is filed to direct the Court of

the Additional District Judge -III, Palakkad to consider

and pass orders in I.A.Nos.1 and 2 of 2021 in CMA

No.160/2019 within a stipulated time and until such

time to keep all further proceedings in E.P.No.36/2017

in O.S.No.89/2016 in abeyance.

2. When the original petition came up for

admission on 23.03.2021, this Court stayed the

execution proceedings on condition that the petitioner

deposits an amount of Rs.75,000/- before the Execution

Court within two weeks from the date of the order. It

was made clear that that if the amount was not

deposited, the Execution Court would be at liberty to

proceed with the execution proceedings. Undisputedly,

the petitioner has not complied with the order. CMA

No.60/2019 has been dismissed. The Execution Court OP(C) NO. 733 OF 2021

has proceeded with the execution proceedings.

Therefore, nothing further survives in this original

petition. The original petition fails and is dismissed.

Sd/-

C.S.DIAS, JUDGE rkc/01.08.22 OP(C) NO. 733 OF 2021

APPENDIX OF OP(C) 733/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER IN R.P.I.A.NO.1729/2017 IN OS NO.89 OF 2016 OF THE COURT OF THE MUNISFF OF CHITTUR DATED 20.02.2018

EXHIBIT P2 TRUE COPY OF THE ORDER IN I.A.NO.1728/2017 IN OS NO.89 OF 2016 OF THE COURT OF THE MUNISFF OF CHITTUR DATED 20.02.2018

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN OPC NO.2663 OF 2019 OF THIS HON'BLE COURT DATED 24.01.2020

EXHIBIT P4 CERTIFIED COPY OF THE JUDGMENT IN C.M.A.NO.60/2019 OF THE COURT OF THE ADDITIONAL DISTRICT JUDGE-III, PALAKKAD DATED 03.11.2020

EXHIBIT P5 TRUE COPY OF THE I.A.NO.1 OF 2021 IN CMA NO.60/2019 OF THE COURT OF THE ADDITIONAL DISTRICT JUDGE-III, PALAKKAD DATED 28.01.2021

EXHIBIT P6 TRUE COPY OF THE I.A.NO.2 OF 2021 IN CMA NO.60/2019 OF THE COURT OF THE ADDITIONAL DISTRICT JUDGE-III, PALAKKAD DATED 28.01.2021