Abdullkutty P.K @ Abdul Jabbarkutty P.K vs Sagar Shareef
2023 Latest Caselaw 12762 Ker

Kerala High Court

Abdullkutty P.K @ Abdul Jabbarkutty P.K vs Sagar Shareef on 8 December, 2023

Author: P.Somarajan

Bench: P.Somarajan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
   FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                      OP(C) NO. 2719 OF 2023
  AGAINST THE ORDER/JUDGMENT IN OS 18/2021 OF ASSISTANT SESSIONS
        COURT/SUB COURT / COMMERCIAL COURT, PATHANAMTHITTA
PETITIONER/PETITIONER/DEFENDANT:

          ABDULLKUTTY P.K @ ABDUL JABBARKUTTY P.K,
          AGED 79 YEARS
          S/O LATE KASSIMLABHA, PLANTHARA HOUSE,
          THUKALASSERRY, THIRUVALLA VILLAGE,
          THIRUVALLA TALUK
          PATHANAMTHITTA DISTRICT,
          PIN - 689101

          BY ADVS.
          ARUN.B.VARGHESE
          RAKHI RAJ



RESPONDENT/RESPONDENT/PLAINTIFF:

          SAGAR SHAREEF
          S/O ABDUL SHAREEF,
          SHAREEF MANAZIL VALANCHUZHY,
          PATHANAMTHITTA VILLAGE.
          PATHANAMTHITTA P.O
          KOZHENCHERRY TALUK,
          PATHANAMTHITTA DISTRICT,
          PIN - 689645


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
   OP(C) NO. 2719 OF 2023

                               2



                           JUDGMENT

The petitioner, who is the defendant in the suit

remained ex parte, came up so as to have an

early disposal of the applications submitted for

setting aside the ex parte decree and also to

condone the delay, Exts. P4, P5, and P6. No

other relief was sought by the petitioner. The

notice to the respondent is dispensed with since

it is for early disposal. Hence, there will be a

direction to the trial court to dispose of Exts.

P4, P5, and P6 within a time schedule of two

weeks from the next posting date.

OP(C) will stand allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE SPV OP(C) NO. 2719 OF 2023

APPENDIX OF OP(C) 2719/2023

PETITIONER EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S NO:

18/2021 ON THE FILES OF SUB COURT PATHANAMTHITTA

EXHIBIT P2 A TRUE COPY OF PROCEEDINGS DATED 17.12.2021OF THE LEARNED SUBORDINATE JUDGE PATHANAMTHITTA AVAILABLE IN E COURTS SERVICES

EXHIBIT P3 A TRUE COPY OF EXECUTION PETITION NO: 16/2022 IN O.S NO: 18/2021 PENDING ON THE FILES OF SUB COURT THIRUVALLA

EXHIBIT P4 A TRUE COPY OF I.A NO: 1/2023 IN O.S NO: 18/2021 PENDING ON THE FILES OF SUB COURT PATHANAMTHITTA

EXHIBIT P5 A TRUE COPY OF I.A NO: 3/2023 IN O.S NO: 18/2021 PENDING ON THE FILES OF SUB COURT PATHANAMTHITTA

EXHIBIT P6 A TRUE COPY OF I.A NO: 2/2023 IN O.S NO: 18/2021 PENDING ON THE FILES OF SUB COURT PATHANAMTHITTA

EXHIBIT P7 A TRUE COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER HEREIN IN O.S NO: 18/2021 PENDING ON THE FILES OF SUB COURT PATHANAMTHITTA

EXHIBIT P8 A TRUE COPY OF PROCEEDINGS DATED 03.10.2023 OF THE SUB COURT PATHANAMTHITTA AVAILABLE IN E COURTS SERVICES OP(C) NO. 2719 OF 2023

EXHIBIT P9 A TRUE COPY OF PROCEEDINGS DATED 07.10.2023 OF THE SUB COURT THIRUVALLA AVAILABLE IN E COURTS SERVICES

PETITIONER EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE