Kerala High Court
Arif Khan P.A vs Klm Fincorp Ltd on 29 March, 2023
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OP(C) No.693 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
OP(C) NO. 693 OF 2023
TO CONSIDER AND DISPOSE OF IA NOS 6 AND 1 OF 2023 IN OS
155/2019 OF MUNSIFF COURT,MUVATTUPUZHA
PETITIONER/S:
ARIF KHAN P.A
AGED 36 YEARS
S/O ABDUL KHADER, PARATTUPLACHERI HOUSE,
PATTIMATTOM VILLAGE, ARAKKAPPADY P.O, ERNAKULAM
DISTRICT., PIN - 683556
BY ADVS.
K.MOHAMMED RAFEEQ
AMARNATH R LAL
VISHNUMAYA ANANDAN
P.M.MATHEW
SANALDEV E.P.
RESPONDENT/S:
KLM FINCORP LTD
CORPORATE OFFICE AT ERNAKULAM, MATHEWSON TRADE
CENTRE, KALOOR, KOCHI-17 REPRESENTED BY ITS POWER
OF ATTORNEY HOLDER MR. GEORGE MATHEW, S/O MATHAI,
AGED 65 YEARS, RESIDING AT MARACHERY PUTHAYATHU
HOUSE, KUTHUKUZHY P.O, KOTHAMANGALAM, ERNAKULAM
DISTRICT., PIN - 686691
BY ADV.M.S.AJITH
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(C) No.693 of 2023
C.S DIAS,J.
---------------------------
OP(C) No.693 of 2023
-----------------------------
Dated this the 29th day of March, 2023.
JUDGMENT
The original petition is filed to direct the Court of
the Munsiff, Muvattupuzha, to consider and dispose of
IA Nos.6/2023 and 1/2023 in OS No.155/2019 and
until such time to direct the Court of the Munsiff,
Perumbavoor to defer further proceedings in EP
No.17/2020.
2. Pursuant to the order dated 20.3.2023 passed
by this Court, the learned Munsiff-in-Charge,
Muvattupuzha, by communication dated 23.3.2023,
has informed this Court that IA No.6/2023 is filed to
OP(C) No.693 of 2023
set aside the ex parte decree and IA No.1/2023 is filed
to condone the delay in filing IA No.6/2023. The
applications were posted to 22.2.2023 and have been
adjourned to 10.4.2023. The Presiding Officer is
holding additional charge of the said Court. The
court below would dispose of the applications within
two months.
3. Heard; Sri.K.Mohammed Rafeeq, the learned
Counsel appearing for the petitioner and Sri.M.S
Ajith, the learned counsel appearing for the
respondent.
4. In the light of the pleadings and materials on
record and after perusing the communication of the
learned Munsiff-in-charge, in exercise of the
supervisory powers of this Court under Article 227 of
OP(C) No.693 of 2023
the Constitution of India, I direct the Court of the
Munsiff (Munsiff-in-charge), Muvattupuzha, to
consider and dispose of IA Nos.6/2023 and 1/2023 in
OS No.155/2019, in accordance with law and as
expeditiously as possible, at any rate within a period
of two months from the date of receipt of a certified
copy of the judgment, after affording the respondent
an opportunity to file its counter affidavits to the
above applications. Until such time orders are passed
on the above applications, the Court of the Munsiff,
Perumbavoor, is directed to defer further proceedings
in EP No.17/2020.
The original petition is ordered accordingly.
SD/-
sks/29.3.2023 C.S.DIAS, JUDGE
OP(C) No.693 of 2023
APPENDIX OF OP(C) 693/2023
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF PLAINT FILED BY THE
RESPONDENT HEREIN AS OS NO. 155/2019 ON
THE FILE OF MUNSIFF COURT, MUVATTUPUZHA.
Exhibit-P2 TRUE COPY OF NOTICE DATED 19.09.2022 IN
EP NO.17/2020 ON THE FILE OF MUNSIFF
COURT, PERUMBAVOOR.
Exhibit-P3 TRUE COPY OF APPLICATION TO SET-ASIDE EX
PARTE PETITION AS IA NO. 6 /2023 IN OS
NO. 155/2019 ON THE FILE OF MUNSIFF
COURT, MUVATUPPUZHA.
Exhibit-P4 TRUE COPY OF APPLICATION TO CONDONE THE
DELAY AS IA NO. 1/2023 IN OS NO. 155/2019
ON THE FILE OF MUNSIFF COURT,
MUVATUPPUZHA.
Exhibit P5 TRUE COPY OF MEMO DATED 25.03.2023 SIGNED
BY THE COUNSEL FOR THE RESPONDENT STATING
THAT HE RECEIVED A COPY OF THE ABOVE
ORIGINAL PETITION.
