Kerala High Court
Illyas vs Jainama on 27 March, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
OP(C) NO. 809 OF 2024
AGAINST THE ORDER DATED 23.03.2024 IN EP 69/2004 OS NO.100
OF 1987 OF ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT,
PALAKKAD
PETITIONER/JUDGMENT DEBTOR NO.2/DEFENDANT NO.2:
ILLYAS, AGED 66 YEARS
S/O HANEEFA (WRONGLY SHOWN AS MOCHAKUTTY IN TRIAL
COURT PROCEEDINGS), METTUPALAYAM, KOLLENGODE,
CHITTUR TALUK, NOW AT CHIKKANAMPARA, KOLLENGODE
VILLAGE AND POST, CHITTUR TALUK, PALAKKAD
DISTRICT., PIN - 678506
BY ADVS.SAJAN VARGHEESE K.
LIJU. M.P
RESPONDENTS/DECREE HOLDERS & JUDGMENT DEBTOR NO.1/LRS OF THE
PLAINTIFF AND DEFENDANT NO.1:
1 JAINAMA, AGED 78 YEARS
W/O. LATE K MUHAMMED IBRAHIM, CHIKKANAMPARA,
KIZHAKKETHARA VILLAGE, KOLLENGODE POST, CHITTUR
TALUK, PALAKKAD DISTRICT., PIN - 678506
2 VAHEEDA BANU M
AGED 59 YEARS
W/O. SABARULLA, AMBATTUPARAMBU, AMBATTUPALAYAM,
THATHAMANGALAM POST, CHITTUR TALUK, PALAKKAD
DISTRICT., PIN - 678101
O.P.(C).No.809/2024
-:2:-
3 BABU MUHAMMED KHANI, AGED 57 YEARS
S/O K MUHAMMED IBRAHIM, CHIKKANAMPARA, KOLLENGODE
POST, CHITTUR TALUK, PALAKKAD DISTRICT., PIN -
678506
4 JEREENA M, AGED 56 YEARS
W/O. AC JAILAVUDHEEN, ATHICHIRAKALAM, POTHAMPADAM,
MUTHALAMADA POST, CHITTUR TALUK, PALAKKAD
DISTRICT., PIN - 678507
5 SAKEER HUSSAIN, AGED 54 YEARS
S/O LATE K MUHAMMED IBRAHIM, CHIKKANAMPARA,
KOLLENGODE POST, CHITTUR TALUK, PALAKKAD
DISTRICT., PIN - 678506
6 MUHAMMED KISHORE M, AGED 52 YEARS
S/O LATE K MUHAMMED IBRAHIM, CHIKKANAMPARA,
KOLLENGODE POST, CHITTUR TALUK, PALAKKAD
DISTRICT., PIN - 678506
7 HASEENA M, AGED 46 YEARS
W/O. SIRAJ, TK MANZIL, ROBINSON ROAD, HEAD POST
OFFICE,PALAKKAD-., PIN - 678001
8 SHAJITHA M, AGED 44 YEARS
W/O. HARRIS, BHARATH NAGAR, EAST VENNAKKARA,
VENNAKKARA POST, PALAKKAD-, PIN - 678004
9 MEHABOOBA, AGED 86 YEARS
W/O. HANEEFA RAVUTHAR, METTUPALAYAM, KOLLENGODE,
CHITTUR TALUK,NOW AT CHIKKANAMPARA, KOLLENGODE
VILLAGE AND POST, CHITTUR TALUK, PALAKKAD
DISRICT., PIN - 678506
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.809/2024
-:3:-
JUDGMENT
Dated this the 27th day of March, 2024
Heard the learned counsel for the petitioner.
2. The Additional Sub Court, Palakkad is directed to take
up C.A.No.615/2024 and issue certified copy as per Rules without
delay.
The property shall not be delivered till certified copy of the
order is issued and for a further period of one week thereafter.
The original petition is disposed of.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
APPENDIX OF OP(C) 809/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPROMISE PETITION
DATED 15-10-1991 FILED IN OS NO.100/1987
ON THE FILE OF ADDITIONAL SUBORDINATE
JUDGE'S COURT, PALAKKAD.
Exhibit P2 TRUE COPY OF THE DECREE DATED 28-10-1991
PASSED IN OS NO.100/1987 ON THE FILE OF
ADDITIONAL SUBORDINATE JUDGE'S COURT,
PALAKKAD.
Exhibit P3 TRUE COPY OF EP NO.69/2004 DATED 19-02-
2004 FILED IN OS NO.100/1987 ON THE FILE
OF ADDITIONAL SUBORDINATE JUDGE'S COURT,
PALAKKAD.
Exhibit P4 TRUE COPY OF EA NO.642/2010 DATED 03-09-
2010 FILED IN EXT.P3 PETITION.
Exhibit P5 TRUE COPY OF THE ADDITIONAL OBJECTION
DATED 20-08-2022 FILED IN EXT.P3,
EXECUTION PETITION.
Exhibit P6 TRUE COPY OF THE OBJECTION DATED 16-03-
2023 FILED IN EXT.P3 EXECUTION PETITION.
Exhibit P7 TRUE COPY OF THE JUDGEMENT DATED 23-03-
2022 PASSED IN OP(C) NO. 2121/2011 ON
THE FILE OF THIS HONOURABLE COURT .
Exhibit P8 TRUE COPY OF THE JUDGEMENT DATED 15-03-
2024 PASSED IN OP(C) NO.528/2024 ON THE
FILE OF THIS HONOURABLE COURT.
Exhibit P9 TRUE COPY OF THE ORDER DATED 23-03-2024
PASSED IN EXT.P3, EXECUTION PETITION
(GENERATED FROM COMPUTER THROUGH E-
COURTS).
