Citation : 2022 Latest Caselaw 9916 Ker
Judgement Date : 31 August, 2022
OP(C) No.1665/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Wednesday, the 31st day of August 2022 / 9th Bhadra, 1944
OP(C) NO. 1665 OF 2022
EP 102/2022 IN OS 61/2014 OF MUNSIFF COURT, THALIPARAMBA, KANNUR
CMA Nos 3 & 4/2022 OF SUB COURT, PAYYANNUR
PETITIONER/ RESPONDENT/ JUDGMENT DEBTOR:
JEEJA T, AGED 47 YEARS, D/O. THAMBAN NAMBIAR, PATTUVAM AMSOM DESOM,
TALIPARAMBA TALUK, PATTUVAM, KANNUR DISTRICT, PIN - 670141.
RESPONDENT/ PETITIONER/ DECREE HOLDER:
KANNUR DISTRICT CO- OPERATIVE RUBBER AND AGRICULTURAL MARKETING
SOCIETY LTD. NO. C 303, REPRESENTED BY ITS SECRETARY IN CHARGE,
SHOUKKATH ALI, S/O. MUHAMMED KUNHI, AGED 55 YEARS, PANNIYOOR AMSOM,
POOMANGALAM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670142
OP (Civil) praying inter alia that in the circumstances stated in the affidavit filed
along with the OP(C) the High Court be pleased to
1. Dispense with the production of English translation of the vernacular
documents produced as Exhibits in the Original Petition; and
2. Stay the further proceedings in EP No. 102/2022 on the files of the Munsiff's
Court, Taliparamba, pending the Original Petition (Civil).
This petition coming on for admission upon perusing the petition and the
affidavit filed in support of OP(C) and upon hearing the arguments of M/S MATHEW
KURIAKOSE, G.GIREESH, CHANDY OOMMEN, J.KRISHNAKUMAR (ADOOR) & MONI
GEORGE, Advocates for the petitioner, the court passed the following:
(p.t.o)
OP(C) No.1665/2022 2/3
ORDER
Issue urgent notice before admission by speed post to the respondent.
The petitioner is also simultaneously permitted to serve a copy of the memorandum of original petition on the learned counsel appearing for the respondent before the court below and file a memo to the effect.
The Registry is directed to call for a report from the Court of the Subordinate Judge, Payyannur, to ascertain and status and time period required to dispose of CMA Nos 3 and 4 of 2022. In the meantime, all further proceedings in EP No. 102/2022 in O.S No. 61/2014 on the file of the court of the Munsiff Taliparamba, shall stand deferred till 13-09-2022.. Post on 14-09-2022.
Sd/- C.S.DIAS, JUDGE
31-08-2022 /True Copy/ Assistant Registrar
OP(C) No.1665/2022 3/3
APPENDIX OF OP(C) 1665/2022
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 19.03.2019 IN O.S. NO.
61/2014 ON THE FILES OF THE MUNSIFF'S COURT TALIPARAMBA
Exhibit P2 TRUE COPY OF THE ORDER DATED 04.03.2022 IN I.A. NO. 1/2021 IN O.S. NO. 61/2014 ON THE FILES OF THE MUNSIFF'S COURT TALIPARAMBA
Exhibit P3 TRUE COPY OF THE ORDER DATED 04.03.2022 IN I.A. NO. 2/2021 IN O.S. NO. 61/2014 ON THE FILES OF THE MUNSIFF'S COURT TALIPARAMBA
Exhibit P4 TRUE COPY OF THE ORDER DATED 15.03.2022 IN I.A. NO. 1 OF 2021 IN O.S. NO. 61 OF 2014 ON THE FILES OF THE MUNSIFF'S COURT TALIPARAMBA
Exhibit P5 TRUE COPY OF THE ORDER DATED 15.03.2022 IN I.A. NO. 2 OF 2021 IN O.S. NO. 61 OF 2014 ON THE FILES OF THE MUNSIFF'S COURT TALIPARAMBA
Exhibit P6 TRUE COPY OF THE CASE STATUS DETAILS OF CMA NO. 03 OF 2022 ON THE FILES OF SUB COURT PAYYANNUR AND OBTAINED FROM THE WEB SITE OF E-COURT SERVICES
Exhibit P7 TRUE COPY OF THE CASE STATUS DETAILS OF CMA NO. 04 OF 2022 ON THE FILES OF SUB COURT PAYYANNUR AND OBTAINED FROM THE WEB SITE OF E-COURT SERVICES
Exhibit P8 TRUE COPY OF THE ORDER DATED 24.08.2022 IN E.P. NO. 102 OF 2022 IN O.S. NO. 61 OF 2014 ON THE FILES OF THE MUNSIFF'S COURT TALIPARAMBA
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