Kasaragod District Co-Operative ... vs Jancy Kuriakose
2024 Latest Caselaw 25890 Ker

Kerala High Court

Kasaragod District Co-Operative ... vs Jancy Kuriakose on 30 September, 2024

                                                             2024:KER:72616

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

     MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946

                           OP(C) NO. 490 OF 2024

PETITIONER:

             KASARAGOD DISTRICT CO-OPERATIVE RUBBER MARKETING
             SOCIETY LIMITED NO.C 325
             CHITTARIKKAL, PO. CHITTARIKKAL, REPRESENTED BY ITS
             MANAGING DIRECTOR HAVING ITS OFFICE AT CHITTARIKKAL,
             CHITTARIKKAL VILLAGE AND POST, KASARAGOD DISTRICT, PIN
             - 671326
             BY ADVS.
             M.V.AMARESAN
             S.S.ARAVIND


RESPONDENT:

             JANCY KURIAKOSE
             AGED 66 YEARS
             W/O. KURIAKOSE MATHEW, R/AT KAKKANAR COTTAGE , AINGOTH,
             KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT,
             PO. PADANEKKAD REPRESENTED BY HER POWER OF ATTORNEY
             HOLDER NITTIN MATHEWS, S/O. JANCY KURIAKOSE, R/AT.
             KAKKANAR COTTAGE, AINGOTH, KANHANGAD VILLAGE,HOSDURG
             TALUK, KASARAGOD DISTRICT, PO. PADANEKKAD, PIN - 671314
             BY ADVS.
             DON PAUL
             ABDUL RASHIQ A.(K/447/2020)

     THIS     OP     (CIVIL)     HAVING   COME   UP    FOR    ADMISSION   ON
30.09.2024,        THE   COURT    ON   THE    SAME    DAY    DELIVERED    THE
FOLLOWING:
 OP(C) No. 490 of 2024              :2:




                                                            2024:KER:72616


                          VIJU ABRAHAM , J.
              ===========================
                       OP(C) No. 490 of 2024
              ============================
             Dated this the 30th day of September, 2024

                             JUDGMENT

The learned Counsel for the petitioner submits that the

direction in the interim order dated 02.07.2024 to deposit an amount

of Rs.5 lakhs has not been complied with. The learned Counsel for

the petitioner submits that they are now not in a position to pay the

amount.

2. The learned Counsel appearing for the respondent would

submit that the auction has already taken place.

Therefore, nothing survives in this original petition. Accordingly

the original petition is dismissed.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

2024:KER:72616

APPENDIX OF OP(C) 490/2024

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF EXECUTION PETITION NO.

17/2023 IN ARC 595/2020 FILED BY THE RESPONDENT BEFORE THE COURT OF SUBORDINATE JUDGE OF HOSDURG DATED 20/12/2022

Exhibit -P2 TRUE COPY OF DRAFT SALE PROCLAMATION (DSP) WAS FILED BY THE RESPONDENT ON 22.11.2023 IN E.P. 17/2023 IN ARC 595/2020 BEFORE THE COURT OF SUBORDINATE JUDGE OF HOSDURG

Exhibit-P3 TRUE COPY OF OBJECTION DATED 16.12.2023 FILED BY THE PETITIONER AGAINST EXHIBIT P2

Exhibit-P4 TRUE COPY OF ORDER OF COURT OF SUBORDINATE JUDGE OF HOSDURG IN E.A. NO. 190/2023 IN E.P. 17/2023 IN ARC NO. 595/2020 ON THE FILE OF THE ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES (GENERAL) VELLARIKUNDU DATED 17.01.2024

Exhibit -P5 TRUE COPY OF ARC 595/2020 FILED BY THE RESPONDENT DATED 20-7-2022 BEFORE THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) VELLARIKUNDU