K.G.Krishnakumar vs Vijayalakshmi Pillai on 20 June, 2012

[Cites 1, Cited by 0]

Kerala High Court

K.G.Krishnakumar vs Vijayalakshmi Pillai on 20 June, 2012

Bench: V.Chitambaresh

       

  

  

 
 
                             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                 PRESENT:

                           THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

                 WEDNESDAY, THE 20TH DAY OF JUNE 2012/30TH JYAISHTA 1934

                                        OP(C).No. 1919 of 2012 (O)
                                            --------------------------
                                 OS.311/2011 of SUB COURT, MAVELIKKARA


PETITIONER(S)/DEFENDANT :
------------------------

             K.G.KRISHNAKUMAR, AGED 34 YEARS
             S/O. GOPINATHA PILLAI, KUTTIYIL, PADEETTATHIL
             EREZHA NORTH, CHETTIKULANGARA.

             BY ADVS.SRI.M.V.THAMBAN
                          SRI.R.REJI
                          SMT.THARA THAMBAN
                          SRI.B.BIPIN


RESPONDENT(S)/COUNTER PETITIONER :
----------------------------------

             VIJAYALAKSHMI PILLAI, AGED 43 YEARS
             D/O. BHARATHI PILLAI, VARAVUKALAYIL
             KOIPALLYKARAZHMA MURI, PERINGALA VILLAGE
             NOW RESIDING AT KRISHNARIPA, PATHIYOOR EAST
             KEERIKADU P.O., PIN-690 508.


            THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20-06-2012, THE COURT
          ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C) NO. 1919/2012


                                 APPENDIX


PETITIONER(S) EXHIBITS

EXT.P1 :     TRUE COPY OF THE ORIGINAL PETITION (INDIGENT)NO.15/2008.

EXT.P2 :     TRUE COPY OF THE PETITION PERMITTING TO SUE AS INDIGENT
             PERSON VIDE IA NO.1799/2008 ON THE FILE OF THE HON'BLE SUB
             COURT, MAVELIKKARA.

EXT.P3 :     TRUE COPY OF THE OBJECTION TO IA NO.1799/2008 ON THE FILE OF THE
             HON'BLE SUB COURT, MAVELIKKARA.

EXT.P4 :     TRUE COPY OF EXTRACT OF THE THANDAPPER REGISTER VIDE
             THANDAPER NO.9627 OF THEKKEKKARA VILLAGE, MAVELIKKARA TALUK.

EXT.P5 :     TRUE COPY OF THE ENCUMBRANCE CERTIFICATES FOR THE PERIOD
             FROM 1.1.1992 TO 30.3.2012 IN RESPECT OF PROPERTIES LYING IN
             SURVEY NO.337/6B, RE-SURVEY NO.407/11/3, SURVEY NO.237/6B, SURVEY
             NO.407/11, SURVEY NO.237/6B, SURVEY NO.8/B2/17, SURVEY NO.237/7B
             AND RESURVEY NO.407/2 OF THEKKEKKARA VILLAGE.

EXT.P6 :     TRUE COPY OF THE ORDER DTD.12.12.2011 IN OP(PAUPER)NO.15/2008.



RESPONDENTS' EXHIBITS : NIL


                                                           /TRUE COPY/


                                                           P.A. TO JUDGE.



                  V. CHITAMBARESH, J
                 --------------------------------
                 OP(C) NO. 1919 OF 2012
                ------------------------------------
              Dated this the 20th day of June, 2012


                          JUDGMENT

The court below has by the order impugned permitted the respondent/plaintiff to sue as an indigent person under Order XXXIII Rule 1 of the Code of Civil Procedure. The petitioner/defendant contends that the respondent did not state the particulars of the assets held by her in the application and that she had wilfully transferred property in favour of her near relatives.

2. It is open to the petitioner to move for dis- paupering the respondent by bringing these facts to the notice of the court below under Order XXXIII Rule 9 of the Code of Civil Procedure. The court below shall hear all the parties and pass a considered order on motion if any made by the petitioner in that regard.

The order of the court below is affirmed subject to the above reservation. The Original Petition is disposed of as above.

V. CHITAMBARESH JUDGE ncd

Unlock Advanced Research with PRISMAI

Kerala High Court