Njanamani vs Sivan
2022 Latest Caselaw 7032 Ker

OP(C) NO. 2712 OF 2016
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             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. 2712 OF 2016
   IN THE MATTER OF EP 69/2011 IN OS 560/2008 OF SUB COURT,
                              ALAPPUZHA
PETITIONER/S:

            NJANAMANI
            AGED 80 YEARS,W/O. LATE CHELLAPPAN, SREEBHAVANAM
            KANNAMANGALAM VEEDU A.N.PURAYIDOM,THIRUVAMBADY PO.,
            ALAPPUZHA DISTRICT

            BY ADVS.
            SRI.S.SHANAVAS KHAN
            SMT.S.INDU



RESPONDENT/S:

            SIVAN
            S/O. AYYAPPAN ULLADAN PARAMBU, THIRUVAMBADY PO.,
            ALAPPUZHA DISTRICTPIN-688001

            BY ADVS.
            SRI.T.N.MAURICE VINCENT
            SRI.B.SUBASH




     THIS    OP    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 2712 OF 2016
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                         JUDGMENT

The original petition is filed challenging Exts.P8 and

P10 orders passed by the Court of the Subordinate Judge,

Alappuzha in E.P.No.69/2011 in O.S.No.560/2008. Even

though this original petition was filed as early as on

31.10.2016, the same has not been admitted and no

interim order is passed. At this distance of time, I assume

that nothing further survives in this original petition.

Hence, this original petition is dismissed without

prejudice to the right of the petitioner to challenge any

subsequent orders passed in the execution petition.

Sd/-

C.S.DIAS, JUDGE rkc/17.06.22 OP(C) NO. 2712 OF 2016

APPENDIX OF OP(C) 2712/2016

PETITIONER EXHIBITS

EXHIBIT P1: TRUE COPYOF E.A.NO.201/2014 FOR SETTING ASIDE THE SALE.

EXHIBIT P2: TRUE COPY OF THE E.A.NO.18/2014 FILED BY THE PETITIONER FOR REVIEWING THE ORDER CLOSING THE EXECUTING PETITION

EXHIBIT P3: TRUE COPYOF THE ORDER DATED 03.02.2015 IN E.A. 20/2014 IN E.P.69/11 IN OS.560/08 OF THE COURT OF SUB JUDGE, ALAPPUZHA.

EXHIBIT P4: TRUE COPY OF THE E.A.NO.437 OF 2015 FOR CONDONATION OF DELAY FILED BY THE PETITIONER BEFORE THE COURT OF SUB JUDGE, ALAPPUZHA

EXHIBIT P5: TRUE COPY OF THE E.A.NO.438 OF 2015 FOR RESTORATION OF E.A.NO.20/2014

EXHIBIT P6: TRUE COPY OF THE OBJECTION FIELD BY THE RESPONDENT IN E.A.NO.437 OF 2015

EXHIBIT P7: TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT IN E.A NO.438 OF 2015

EXHIBIT P8: CERTIFIED COPYOF THE COMMON ORDER DATED 09.06.2016 IN E.A.NO.437/15 AND 438/2015 OF THE COURT OF SUB JUDGE, ALAPPUZHA.

EXHIBIT P9: TRUE COPY OF THE E.A.NO.10/2016 FIELD BY THE PETITIONER FOR REDELIVERY OF THE PROPERTY

EXHIBIT P10: CERTIFIED COPYOF THE ORDER DATED 09.06.2016 IN E.A.10/2016 IN E.P. 69/2011 IN OS. 560/2008 OF THE COURT OF SUB JUDGE, ALAPPUZHA.