Shahul Hameed vs Megha Theertham Time Sharing Pvt ...
2023 Latest Caselaw 6776 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        TUESDAY, THE 20th DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                         OP(C) NO. 1238 OF 2023
                  OS 101/2023 OF SUB COURT, PALAKKAD
PETITIONER/PLAINTIFF:

             SHAHUL HAMEED, AGED 66 YEARS, S/o ABDUL KAREEM,
             B.K. MANZIL, NARIKUTHY, PALAKKAD, PIN - 678001

             BY ADVS. A.T.ANILKUMAR
                      V.SHYLAJA


RESPONDENT/DEEFNDANTS:

    1        M/s MEGHA THEERTHAM TIME SHARING PVT LTD.,
             DOOR NO. 354/50, AARYA COMPLEX, MAIN ROAD, OLAVAKODE,
             PALAKKAD, PIN - 678002, REPRESENTED BY ITS MANAGING
             DIRECTOR, MOHANANAN N.C.

    2        MOHANAN L.C, AGED 50 YEARS, S/o NARAYANAN,
             PITTUPARA HOUSE, CHITHALI, KUIZHALMANNAM,
             PALAKKAD, PIN - 678571

    3        N.P. MANOJ, AGED 49 YEARS, S/o BALAKRISHNAN,
             THARAYPARAMBIL SUPRABHA, ATHANIRAMBU,
             KALLEKULANGARA P.O., PALAKKAD, PIN - 678 009

    4        STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR,
             PALAKKAD, PIN - 678 001

    5        SPECIAL TAHASILDAR, KINFRA, PALAKKAD, PIN-678001.

    6        SPECIAL TAHASILDAR, KOCHI-BANGALORE INDUSTRIAL
             CORRIDOR, KANJIKKODE, PALAKKAD.

    7        KERALA GRAMIN BANK, MAIN BRANCH PALAKKAD, REPRESENTED
             BY ITS BRANCH MANAGER, PIN- 678014.

             BY GOVERNMENT PLEADER SRI. S.UNNIKRISHNAN


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) No.1238 of 2023               2

                              JUDGMENT

During the pendency of the suit, the garnishee

proceedings under Rule 46 of Order XXI CPC was initiated

at the instance of the plaintiff by virtue of Exts.P3 and

P4 applications. One application is to injunct the State

Government, not to disburse the plaint amount in the

hands of garnishee, the State Government. But, so far it

was not considered or adjudicated by the trial court.

Hence, aggrieved by the inaction on the part of the trial

court, the petitioner/plaintiff came up. Since the matter

needs urgent remedy, there will be a direction to the

trial court to expedite the disposal of Exts.P3 and P4

applications within two weeks from the next posting date.

Till that time, the garnishee shall not disburse the

amount in question.

The Original Petition will stand allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE DMR/-

APPENDIX OF OP(C) 1238/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE PLAINT IN OS.NO.101/2023 ON THE FILE OF SUB COURT, PALAKKAD

Exhibit P2 TRUE COPY OF THE I.A. NO.2/2023 IN OS No.101/2023 ON THE FILE OF SUB COURT, PALAKKAD

Exhibit P3 TRUE COPY OF THE I.A NO.5/2023 IN OS No.101/2023 ON THE FILE OF SUB COURT, PALAKKAD.

Exhibit P4 TRUE COPY OF THE I.A.NO.4/2023 IN OS No.101/2023 ON THE FILE OF SUB COURT, PALAKKAD

// TRUE COPY //

P.A. TO JUDGE