Jayaram B. Bhat vs Surayya
2022 Latest Caselaw 11107 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 9TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA,
                             1944
                     OP(C) NO. 437 OF 2022

         AGAINST THE COMMON ORDER DATED 21/2/2022
IN I.A.NO.9/2022 AND IN I.A.NO.10/2022 IN O.S.NO.220/2021
             OF 1ST ADDL.SUB COURT, ERNAKULAM
                          --------


PETITIONER/S:

    1       JAYARAM B. BHAT, AGED 56 YEARS,
            S/O.S.BALAKRISHNA BHAT, H.NO.VIII/569(A),
            T.D.EAST NADA, RAMESWARAM WEST MURI,
            KOCHI - 682 002.
    2       SEETHALAKSHMI BHAT, AGED 79 YEARS,
            W/O.S.BALAKRISHNA BHAT, H.NO.VIII/569(A),
            T. D. EAST NADA, RAMESWARAM WEST MURI,
            KOCHI - 682 002, REP. BY HER SON & POWER OF
            ATTORNEY HOLDER, JAYARAM B. BHAT. *(DIED)

            * ADDL P3 IMPLEADED
 ADDL.P3 BALAKRISHNA BHAT, AGED 80, S/O.SREENIVASA
         BHAT, H.NO.VIII/569 (A), T.D.EAST INDIA,
         RAMESWARAM WEST MURI, KOCHI - 682 002,
         REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
         JAYARAM B.BHAT.

            ADDITIONAL PETITIONER NO.3 IS IMPLEADED AS
            LEGAL REPRESENTATIVES OF PETITIONER NO.2 VIDE
            ORDER DATED 27.6.2022 IN I.A.NO.1/2022
            BY ADVS.
            DINESH R.SHENOY
            A.JOSEPH GEORGE
            EBIN MATHEW
            P.ROHIT PREMANANDAN SHENOY
            SILESH S. PRABHU
            SWATHI R. KRISHNAN
 O.P.(C) No.437/2022            2



RESPONDENT/S:

            MRS.SURAYYA, AGED 49 YEARS, W/O.SHIRAZ,
            M/S.SYLCON, OLD NO.38/1404, (NEW NO.40/6950),
            CORPORATION OF COCHIN, NEAR PADMA THEATRE,
            M.G.ROAD, ERNAKULAM.
            BY ADVS.
            Adv.Reji George
            REJI GEORGE George
            BINOY DAVIS(K/1254/2012)
            NASEER MOIDU(K/367/2004)


THIS OP (CIVIL) HAVING         COME UP    FOR    ADMISSION ON
09.11.2022, THE COURT ON       THE SAME   DAY   DELIVERED THE
FOLLOWING:
 O.P.(C) No.437/2022                 3




                                JUDGMENT

A.Muhamed Mustaque, J.

This original petition was filed challenging

orders in I.A.No.9/2022 and I.A.No.10/2022 in

O.S.No.220/2021 on the file of the 1st Addl. Sub

Court, Ernakulam. Both the parties agreed that

the original petition can be disposed of, so far

as I.A.No.10/2022, in terms of the order passed by

this Court on 27.06.2022. It is also agreed that

the order in I.A.No.9/2022 can be reconsidered by

the court, if so desirous at the appropriate

stage. Accordingly, the order in I.A.No.9/2022 is

set aside and remanded for reconsideration by the

court below if necessary at the instance of the

party/parties.

The appeal is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE ln

APPENDIX OF OP(C) NO.437/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF AFFIDAVIT DATED 20.12.2021 FILED BY THE RESPONDENT / JUDGMENT DEBTOR IN EP NO.256/2021 IN RCP NO.153/2019, PRINCIPAL MUNSIFF COURT, ERNAKULAM.

EXHIBIT P2 TRUE PHOTOCOPY OF PLAINT DATED 21.12.2021 IN OS NO.220/2021, 1ST ADDL. SUB COURT, ERNAKULAM.

EXHIBIT P3 TRUE PHOTOCOPY OF IA 2/2021 DATED 21.12.2021 IN OS NO.220/2021, SUB COURT, ERNAKULAM.

EXHIBIT P4 TRUE PHOTOCOPY OF IA 3/2021 (PETITION FOR ATTACHMENT) IN OS NO.220/2021, SUB COURT, ERNAKULAM.

EXHIBIT P5 TRUE PHOTOCOPY OF IA 4/2021 (COMMISSION APPLICATION) IN OS NO.220/2021, SUB COURT, ERNAKULAM.

EXHIBIT P6 TRUE PHOTOCOPY OF ORDER DATED 21.12.2021 IN IA 2/2021 IN OS NO.220/2021, SUB COURT, ERNAKULAM.

EXHIBIT P7 TRUE PHOTOCOPY OF INTERIM REPORT DATED 22.12.2021 FILED BY ADV. COMMISSIONER ALEX M. JOSE IN IA NO.4/2021 IN OS NO.220/2021, 1ST ADDL. SUB COURT, ERNAKULAM. EXHIBIT P8 TRUE PHOTOCOPY OF MEMO PRODUCING THE KEYS FILED IN IA NO.4/2021 IN OS NO.220/2021, 1ST ADDL. SUB COURT, ERNAKULAM. EXHIBIT P9 TRUE PHOTOCOPY OF THE FINAL REPORT OF THE ADV. COMMISSIONER DATED 13.01.2022 TOGETHER WITH INVENTORY AND ROUGH SKETCH. EXHIBIT P10 TRUE PHOTOCOPY OF IA NO.10/2022 FILED IN OS NO.220/2021, SUB COURT, ERNAKULAM. EXHIBIT P11 TRUE PHOTOCOPY OF EA NO.40/2022 IN EP NO.256/2021 IN RCP NO.153/2019, MUNSIFF COURT, ERNAKULAM.

EXHIBIT P12 TRUE PHOTOCOPY OF IA NO.09/2022 IN OS NO.220/2021, ADDL. SUB COURT, ERNAKULAM.

EXHIBIT P13 TRUE PHOTOCOPY OF COUNTER AFFIDAVIT IN IA NO.09/2022 IN OS NO.220/2021, 1ST ADDL. SUB COURT, ERNAKULAM.

EXHIBIT P14 TRUE PHOTOCOPY OF IA NO.11/2022 IN OS NO.220/2021, 1ST ADDL. SUB COURT, ERNAKULAM.

EXHIBIT P15 TRUE PHOTOCOPY OF COUNTER AFFIDAVIT FILED IN IA NO.11/2022 IN OS NO.220/2021, 1ST ADDL. SUB COURT, ERNAKULAM.

EXHIBIT P16 TRUE PHOTOCOPY OF COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN IA NO.10/2022 IN OS NO.220/2021, ADDL. SUB COURT, ERNAKULAM. EXHIBIT P17 TRUE PHOTOCOPY OF REPLY AFFIDAVIT DATED 11.02.2022 IN IA NO.10/2022 IN OS NO.220/2021, ADDL. SUB COURT, ERNAKULAM. EXHIBIT P18 TRUE PHOTOCOPY OF IA NO.08/2022 IN OS NO.220/2021, 1ST ADDL. SUB COURT, ERNAKULAM.

EXHIBIT P19 TRUE PHOTOCOPY OF THE COMMON ORDER DATED 21.02.2022 PASSED IN IA NOS.2/2021, 8/2022, 9/2022 AND 10/2022 IN OS NO.220/2021, ADDL. SUB COURT, ERNAKULAM.