Robin Roy vs Jeena Thomas
2024 Latest Caselaw 26378 Ker

Kerala High Court

Robin Roy vs Jeena Thomas on 3 September, 2024

                                                      2024:KER:66895


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                         OP(C) NO. 1745 OF 2024

        AGAINST THE ORDER/JUDGMENT DATED IN OS NO.80 OF 2022 OF

 ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT,

                               THALASSERY

PETITIONER:
           ROBIN ROY
           AGED 38 YEARS
           S/O ROY, AGED 38 YEARS, THEKKENAL HOOUSE, MUZHAKKUNNU
           AMSOM, PALA DESOM, IRITTY TALUK, KANNUR DISTRICT, PIN -
           670673
           BY ADVS.
           GODWIN JOSEPH
           ARUN BABU B.


RESPONDENT/S:

    1     JEENA THOMAS
          W/O DEEPU, PAYYAMPALLIL HOUSE, TIRUVAMPADY AMSOM,
          TIRUVAMPADY DESOM, TIRUVAMPADY P.O., KOZHIKODE
          DISTRICT, PIN - 673603
    2     P.S. SHOBHA
          AGED 51 YEARS
          W/O MURALIDHARAN, AGED 51 YEARS, KELAKOM AMSOM, KELAKOM
          DESOM, KELAKOM P.O., IRITTY TALUK, KANNUR DISTRICT, PIN
          - 670674


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) No. 1745 of 2024             :2:




                                                         2024:KER:66895


                         VIJU ABRAHAM , J.
              ===========================
                      OP(C) No. 1745 of 2024
             ============================
             Dated this the 3rd day of September, 2024

                            JUDGMENT

Petitioner has approached this Court seeking a direction to the

Sub Court, Thalassery to take up and dispose of IA No.2 of 2022 in

OS No.80 of 2022 filed by the petitioner seeking to lift the

attachment over the property.

2. A report was called for from the trial Court concerned,

wherein it is reported that the parties were not ready for a hearing in

IA No.2/2022, and is posted as last chance to 05.09.2024 for hearing

the interim application. The Court has also sought for two months

time to dispose of IA No.2/2022.

Taking into consideration the fact that hearing on the IA is

posted to 05.09.2024, the above original petition is disposed of with

a direction to the learned Additional Sub Judge, Thalassery to

dispose of IA No.2/2022 in OS No.80/2022 without much delay, at

any rate within an outer limit of one month from 05.09.2024.

Sd/-

VIJU ABRAHAM JUDGE sbk/-

2024:KER:66895

APPENDIX OF OP(C) 1745/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PLAINT DATED 15.09.2022 IN O.S. NO. 80/2022 ON THE FILES OF THE HON'BLE SUB COURT, THALASSERY.

Exhibit P2 A TRUE COPY OF THE ORDER DATED 22.09.2022 IN I.A. NO. 1/2022 IN O.S. NO. 80/2022 ISSUED BY THE HON'BLE SUB COURT, THALASSERY, TO THE 2ND RESPONDENT HEREIN.

Exhibit P3 A TRUE COPY OF THE I.A. NO. 2/2022 DATED 19.10.2022 IN O.S. NO. 80/2022, FILED BY THE PETITIONER BEFORE THE HON'BLE SUB COURT, THALASSERY.

Exhibit P4 A TRUE COPY OF THE PROCEEDINGS IN O.S. NO.

80/2022 OF THE HON'BLE SUB COURT, THALASSERY, AS OBTAINED FROM THE E-COURT WEBSITE.