Ashok Harry Pothen vs Premlal
2024 Latest Caselaw 10958 Ker

Kerala High Court

Ashok Harry Pothen vs Premlal on 12 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                       OP(C) NO. 956 OF 2024
AGAINST THE ORDER DATED 19.10.2023 IN CS NO.83 OF 2023 OF II
        ADDITIONAL COMMERCIAL COURT, THIRUVANANTHAPURAM
PETITIONER/RESPONDENT/2ND DEFENDANT:

            ASHOK HARRY POTHEN, AGED 62 YEARS
            MANAGING DIRECTOR M/S POTHEN MOTORS PVT LTD,
            HAVING REGISTERED OFFICE AT FLAT 2A 2B KOWDIAR
            MANOR, JAWAHAR NAGAR,THIRUVANANTHAPURAM, PIN -
            695003

            BY ADVS.ABHILASH M.J.
            K.G.BALASUBRAMANIAN



RESPONDENT/PETITIONERS/PLAINTIFF:

    1       PREMLAL, AGED 71 YEARS
            FLAT NO 8A,ARTECH LAKE VIEW APARTMENTS,NH BYEPASS,
            ANAYARA P.O TRIVANDRUM, PIN - 695029

    2       INDIRA VASUDEVAN, AGED 68 YEARS
            FLAT NO 8A,ARTECH LAKE VIEW APARTMENTS,NH BYEPASS,
            ANAYARA P.O ,TRIVANDRUM, PIN - 695029


     THIS     OP   (CIVIL)    HAVING   COME   UP    FOR    ADMISSION   ON
12.04.2024,    THE    COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C).No.956/2024

                               -:2:-




                          JUDGMENT

Ext.P6 order passed under Order XXXVIII Rule 5 of the

Code of Civil Procedure (for short 'the CPC') is under challenge in

this original petition.

2. The petitioner is at liberty to furnish security or to

show cause why he shall not furnish security. Thereafter, the

court below shall pass appropriate orders in accordance with law

under Rule 6 of Order 38 of the CPC.

The original petition is disposed of as above.

sd/-

DR. KAUSER EDAPPAGATH JUDGE kp

APPENDIX OF OP(C) 956/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE SAID AGREEMENT FOR SALE DATED 22/03/2017

Exhibit P2 TRUE COPY OF THE SUIT FOR SPECIFIC PERFORMANCE BEING FILED AS O.S 121 OF 2023 BEING FILED ON 12/06/23 BEFORE THE HON SUB COURT ,TRIVANDRUM

Exhibit P3 A TRUE COPY OF LICENSE AGREEMENT DATED 15/07/2015

Exhibit P4 A TRUE COPY OF THE PLAINT IN C.S 83 OF 2023 BEFORE COMMERCIAL COURT THIRUVANANTHAPURAM DATED 16/10/2023

Exhibit P5 A TRUE COPY OF THE I.A 2 OF 2023 IN CS 83/2023 DATED 16/10/2023

Exhibit P6 A TRUE COPY OF THE ORDER IN IA 2 OF 2023 IN CS 83/2023 BEFORE COMMERCIAL COURT THIRUVANANTHAPURAM DATED 19/10/2023

Exhibit P7 A TRUE COPY OF THE OBJECTION IN IA 2 OF 2023 IN CS 83/2023 BEFORE COMMERCIAL COURT THIRUVANANTHAPURAM DATED 04/11/2023

Exhibit P8 A TRUE COPY OF PETITION TO SET ASIDE EX PARTE ORDER DATED 04/11/2023