C.M.David vs Canaan Kuries And Loans (P) Ltd
2023 Latest Caselaw 6779 Ker

OP(C) NO. 947 OF 2023
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                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. 947 OF 2023
AGAINST THE ORDER IN EA 1044/2022 IN EP 149/2019 IN O.S.58/2016 OF SUB
                            COURT, CHAVAKKAD
PETITIONER/PETITIONER/JUDGMENT DEBTOR/1ST DEFENDANT:

            C.M.DAVID,
            AGED 45 YEARS,
            S/O CHALISERRY MICHAEL, RESIDING AT: KUNNTHUMAKARA DESOM,
            OLLUKARA VILLAGE, THRISSUR - 680655
            BY ADVS.
            SAMEER M NAIR
            MANU RAMACHANDRAN
            M.KIRANLAL
            R.RAJESH (VARKALA)
            GEETHU KRISHNAN
            SAILAKSHMI MENON
            ABHISHEK JOHNSON


RESPONDENTS/RESPONDENT/DECREE HOLDER/PLAINTIFF:

            CANAAN KURIES AND LOANS (P) LTD,
            SITUATED AT: CHEMBUKAVU VILLAGE,
            THRISSUR - 680001
     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 947 OF 2023
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                                       JUDGMENT

At the execution stage, an application was

submitted under the premise of Section 151 CPC,

Ext.P6, that too after the issuance of a warrant

after compliance of the enquiry as mandated under

Order 21 CPC against the judgment debtor. The

application was dismissed by the execution court

under Ext.P8 order, that is under challenge before

this court. It amounts to misuse of process of this

court and the petitioner came without any valid

reason only as a device to further delay and defeat

the execution proceedings.

The O.P.(C) will stand dismissed accordingly.

Sd/-

P.SOMARAJAN JUDGE msp OP(C) NO. 947 OF 2023

APPENDIX OF OP(C) 947/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE E.P NO. 149 OF 2019 IN O.S.

NO. 58 OF 2016 DATED:04.12.2019 FILED BEFORE HON'BLE SUB COURT THRISSUR Exhibit P2 A TRUE COPY OF SCREEN SHOT OF E-COURT

OF 2019 BEFORE HON'BLE SUB COURT OF THRISSUR AS ON 11.12.2020 Exhibit P3 A TRUE COPY OF SCREEN SHOT OF ECOURT

OF 2019 BEFORE HON'BLE SUB COURT OF THRISSUR AS ON 08.10.2021 Exhibit P4 A TRUE COPY OF THE PETITIONER'S COUNTER IN E.P.

NO. 149 OF 2019 BEFORE THE HON'BLE SUB COURT, THRISSUR DATED 07.12.2021 Exhibit P5 A TRUE COPY OF THE DOCUMENT LIST ALONG WITH RECEIPT ISSUED BY RESPONDENT TO PETITIONER AS ON 10.10.2022 Exhibit P6 A TRUE COPY OF THE E.A. NO. 1044 OF 2022 IN E.P. NO. 149 OF 2019 BEFORE HON'BLE SUB COURT OF THRISSUR Exhibit P7 A TRUE COPY OF THE OBJECTION FILED BY RESPONDENT AS ON 14.11.2022 IN E.A. NO. 1044 OF 2022 IN E.P. NO. 149 OF 2019 BEFORE HON'BLE SUB COURT OF THRISSUR Exhibit P8 A TRUE COPY OF THE ORDER IN E.A. NO. 1044 OF 2022 IN E.P. NO. 149 OF 2019 BEFORE HON'BLE SUB COURT THRISSUR Exhibit P9 A TRUE COPY OF SCREEN SHOT OF E-COURT STATUS OF THE PROCEEDINGS IN E.P. NO. 149 OF 2019 BEFORE HON'BLE SUB COURT OF THRISSUR AS ON 05.04.2022 Exhibit P9(a) A TRUE COPY OF SCREEN SHOT OF E-COURT STATUS OF THE PROCEEDINGS IN E.P. NO. 149 OF 2019 BEFORE HON'BLE SUB COURT OF THRISSUR AS ON 21.05.2022 Exhibit P9(b) A TRUE COPY OF SCREEN SHOT OF E-COURT STATUS OF THE PROCEEDINGS IN E.P. NO. 149 OF 2019 BEFORE HON'BLE SUB COURT OF THRISSUR AS ON 27.05.2022 Exhibit P9(c) A TRUE COPY OF SCREEN SHOT OF E-COURT STATUS OF THE PROCEEDINGS IN E.P. NO. 149 OF 2019 BEFORE HON'BLE SUB COURT OF THRISSUR AS ON 27.07.2022 Exhibit P9(d) A TRUE COPY OF SCREEN SHOT OF E-COURT STATUS OF THE PROCEEDINGS IN E.P. NO. 149 OF 2019 BEFORE HON'BLE SUB COURT OF THRISSUR AS ON 12.08.2022 Exhibit P9(e) A TRUE COPY OF SCREEN SHOT OF E-COURT STATUS OF THE PROCEEDINGS IN E.P. NO. 149 OF 2019 BEFORE HON'BLE SUB COURT OF THRISSUR AS ON 14.10.2022 Exhibit P9(f) A TRUE COPY OF SCREEN SHOT OF E-COURT STATUS OF OP(C) NO. 947 OF 2023

THE PROCEEDINGS IN E.P. NO. 149 OF 2019 BEFORE HON'BLE SUB COURT OF THRISSUR AS ON 14.11.2022 Exhibit P9(g) A TRUE COPY OF SCREEN SHOT OF E-COURT STATUS OF THE PROCEEDINGS IN E.P. NO. 149 OF 2019 BEFORE HON'BLE SUB COURT OF THRISSUR AS ON 14.12.2022 Exhibit P9(h) A TRUE COPY OF SCREEN SHOT OF E-COURT STATUS OF THE PROCEEDINGS IN E.P. NO. 149 OF 2019 BEFORE HON'BLE SUB COURT OF THRISSUR AS ON 22.12.2022 Exhibit P9(i) A TRUE COPY OF SCREEN SHOT OF E-COURT STATUS OF THE PROCEEDINGS IN E.P. NO. 149 OF 2019 BEFORE HON'BLE SUB COURT OF THRISSUR AS ON 30.01.2023 Exhibit P10 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY SUB COURT THRISSUR TO PETITIONER DATED 10.05.2023