Kerala High Court
Maya Rani @ Maya vs Parambathukandi Aboobacker Siddique @ ... on 4 February, 2021
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
OP(C).No.1761 OF 2020
OS 18/2018 OF SUB COURT, CHENGANNUR
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PETITIONERS/PLAINTIFFS:
1 MAYA RANI @ MAYA
AGED 67 YEARS
WIFE OF LATE BALACHANDRAN PILLAI, RESIDING AT SEREE
VILASANTHUVEEDU, STORE JUNCTION MANNAR,KURITTISSERY
VILLAGE, CHANGANNOR TALUK, TALUK. 689 6322.
2 SWAPNA HARINARAYANAN,
AGED 44 YEARS
W/O. HARINARAYANAN, HAVING PERMANENT ADDRESS AT
SREE VILASANTHU VEEDU STORE JUNCTION MANNAR,
KURATTISSERI, KURATTISSERI VILLAGE, ALAPPUZHA
DISTRICT 689 622.
BY ADVS.
SRI.JOLLY JOHN
SMT.LIZA MEGHAN CYRIAC
SRI.JERIE RAMESH
SMT.ANUPAMA SIBI
RESPONDENT/DEFENDANT:
PARAMBATHUKANDI ABOOBACKER SIDDIQUE @ ABOOBACKER
SIDDIQUE P.K
AGED 65 YEARS
S/O.K.P. AHAMMED, BUSINESS BY PROFESSION, RESIDING
AT SEASHORE NEAR MUNICIPAL STADIUM, THALASSERY 670
101 THALASSERY VILLAGE AND THALASSERRY TALUK,
KANNUR DISTRICT.
R1 BY ADV. SRI.T.ASAFALI
R1 BY ADV. SMT.LALIZA.T.Y.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O. P. (C) No.1761 of 2020
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Dated this the 4th day of February, 2021
JUDGMENT
Pending IA 2/2020 seeking to set aside the ex parte decree on the counter claim in OS 18/2018 on the files of the Sub Court, Chengannore, the decree on the counter claim is being enforced in EP 17/2020, is the grievance voiced in this original petition by the plaintiffs in the suit-counter claim defendants.
2. It has been reported by the Registry that the execution petition presently stands posted to 10.03.2021. The proceedings in EP was stayed by this Court on 02.12.2020 which order is still in force.
O. P. (C) No.1761 of 2020-: 2 :-
In the circumstances, the original petition is disposed of directing the Sub Court, Chengannore to consider and pass final orders on the application IA 2/2020 in OS 18/2018 pending on its files as expeditiously as possible and preferably before 10.03.2021.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge OP(C).No.1761 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT DATED 18TH/12/2018 FILED BY THE PETITIONERS BEFORE THE HONBLE SUB COURT, CHENGANNORE IN OS 18/2018.
EXHIBIT P2 TRUE COPY OF THE COUNTER CLAIM FILED BY THE RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE MEDICAL REPROT 22/05/2018 ISSUED BY HI TECH DIAGNOSTIC CENTER DIAGNOSING THAT THE 1ST PETITIONER HAS ENHANCED BREAST CANCER.
EXHIBIT P4 TRUE COPY OF TEST REPROT OF THE 1ST PETITIONER DATED 02/.06/2018 ISSUED BY DDRC ERNAKULAM.
EXHIBIT P5 TRUE COPY OF MEDICAL REPROT DATED 2/8/2019 OF THE SON OF THE 2ND PETITIONER ISSUED BY AMRUTHA CANCER INSTITUTE.
EXHIBIT P6 TRUE COPY OF CERTIFICATE DATED 21/08/2019 ISSUED BY THE DEPARTMENT OF HAEMATOLOGY, CHRISTINA MEDICAL COLLEGE VELLORE.
EXHIBIT P7 TRUE COPY OF I A 1/2020 FIELD BY THE PETITIONERS BEFORE THE SUB COURT CHENGANNORE IN OS 18/2018.
EXHIBIT P8 TRUE COPY OF ORDER IN IA 1/2020 OF THE SUB COURT CHENGANNORE IN OS 18/2018.
EXHIBIT P9 TRUE COPY OF JUDGMENT DATED 13/3/2020 IN COUNTERCLAIM IN OS 18/2018 BY SUB COURT CHENGANNORE.
EXHIBIT P10 TRUE COPY OF THE DECREE DATED 13/3/2020 IN COUNTERCLAIM IN OS 18/2018 BY SUB COURT CHENGANNORE.
EXHIBIT P11 TRUE COPY OF EP NO. 17/2020 DATED 8/10/2002 IN OS NO. 18/220 BEFORE THE SUB COURT CHENGANNORE.
EXHIBIT P12 TRUE COPY OF IA 2/2020 DATED 10/11/2020 FILED BY THE PETITIONERS UNDER ORDER IX RULE 13 OF CPC FOR SETTING ASIDE THE EXHIBIT P9 JUDGMENT AND P10 DECREE.
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