Vijayamma vs Manmadan
2022 Latest Caselaw 7030 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
  FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                    OP(C) NO. 2174 OF 2017
 IN E.P.NO.206/2011 IN O.S.NO.229/2002 OF PRINCIPAL MUNSIFF
                        COURT, KOLLAM


PETITIONERS/EXECUTION PETITIONERS/DECREE HOLDERS:

    1    VIJAYAMMA
         AGED 56 YEARS, W/O.SIVANANDAN,
         THODIYIL VEEDU, PERAYAM, THAZHUTHALA VILLAGE,
         KOLLAM.

    2    SIVANANDAN
         S/O.KUNJUKUNJU (DIED),
         THODIYIL VEEDU, PERAYAM, THAZHUTHALA VILLAGE,
         KOLLAM.

    3    SIVAPRASAD
         AGED 32 YEARS, S/O.SIVANANDAN,
         THODIYIL VEEDU, PERAYAM, THAZHUTHALA VILLAGE,
         KOLLAM.

    4    VIJAYASREE
         AGED 30 YEARS, D/O.SIVANANDAN,
         THODIYIL VEEDU, PERAYAM, THAZHUTHALA VILLAGE,
         KOLLAM.

    5    GAYATHRI
         AGED 29 YEARS, D/O.SIVANANDAN,
         THODIYIL VEEDU, PERAYAM, THAZHUTHALA VILLAGE,
         KOLLAM.

         BY ADVS.   K.SHAJ
                    RENJIT GEORGE




RESPONDENTS/RESPONDENTS/JUDGMENT DEBTORS:

    1    MANMADAN
         AGED 45 YEARS, S/O.RAGHAVAN PILLAI,
         VALIYA IDAVANA VEEDU, PERAYAM,
         THAZHUTHALA VILLAGE, KOLLAM-691 009.
 O.P.(C)No.2174/2017

                                          -:2:-




      2       BALACHANDRAN PILLAI
              AGED 54 YEARS, S/O.KESAVA PILLAI,
              DIVYA COTTAGE, PERAYAM, THAZHUTHALA VILLAGE,
              KOLLAM-691 009.

      3       VASANTHA BALACHANDRAN
              W/O.BALACHANDRAN PILLAI, DIVYA COTTAGE, PERAYAM,
              THAZHUTHALA VILLAGE, KOLLAM-691 009.

      4       JANARDHANAN PILLAI
              AGED 49 YEARS, S/O.CHELLAPPAN PILLAI,
              KONATHU VEEDU, PERAYAM, THAZHUTHALA VILLAGE,
              KOLLAM-691 009.




       THIS     OP     (CIVIL)      HAVING        COME   UP    FOR    ADMISSION   ON
17.06.2022,           THE   COURT    ON    THE      SAME      DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C)No.2174/2017

                                      -:3:-




                      Dated this the 17th day of June,2022

                             JUDGMENT

The original petition is filed, challenging the order

dated 11.12.2015 passed in E.P.No.206/2011 in

O.S.No.229/2002 (Ext.P7) of the Court of the Principal

Rent Control Court, Kollam, closing the execution

petition. Even though this original petition was filed as

early as on 17.07.2017, it has not been admitted, no

interim order has been passed and notice has not been

issued to the respondent. At this distance of time, I

assume that nothing further survives in this original

petition. Hence, without prejudice to the right of the

petitioners to work out the remedies in accordance with

law, this original petition is dismissed.

Sd/-

                                              C.S.DIAS,JUDGE

DST/17.06.22                                                   //True copy/

                                                               P.A.To Judge
 O.P.(C)No.2174/2017






                      APPENDIX OF OP(C) 2174/2017

PETITIONERS' EXHIBITS:

EXHIBIT P1 :          TRUE COPY OF PLAINT IN OS NO.229/2002 ON

THE FILES OF THE MUNSIFF COURT, KOLLAM DATED 28-3-2002.

EXHIBIT P2 : TRUE COPY OF THE JUDGMENT IN OS NO.229/2002 ON THE FILES OF THE MUNSIFF COURT, KOLLAM DAT3D 9-7-2004.

EXHIBIT P3 : TRUE COPY OF THE DECREE IN OS NO.229/2002 ON THE FILES OF THE MUNSIFF COURT, KOLLAM DAED 9-7-2004.

EXHIBIT P4 : TRUE COPY OF EP NO.206/2011 IN OS NO.229/2002 OF THE MUNSIFF COURT, KOLLAM.

EXHIBIT P5 : TRUE COPY OF THE OBJECTIONS FILED BY THE JUDGMENT DEBTORS TO THE APPLICATION FOR ISSUANCE OF A COMMISSION.

EXHIBIT P6 : TRUE COPY OF THE REPORT OF THE COMMISSIONER AND THE PLAN SUBMITTED IN EP 206/2011 IN OS NO.239/2002 OF THE MUNSIFF COURT, KOLLAM.

EXHIBIT P6(A) : TRUE COPY OF PLAN ACCOMPANYING EXHIBIT P6

EXHIBIT P7 : TRUE COPY OF ORDER DATED 11-12-2015 OF THE PRINCIPAL MUNSIFF COURT, KOLLAM IN OS NO.229/2002.

RESPONDENTS' EXHIBITS:        NIL