Kerala High Court
Robert Van Ingen vs State Of Kerala on 6 July, 2022
Author: C.S.Dias
Bench: C.S.Dias
OP(C) No.1197/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Wednesday, the 6th day of July 2022 / 15th Ashadha, 1944
OP(C) NO. 1197 OF 2022
IA 1/2022 OF SUB COURT / COMMERCIAL COURT (KALPETTA), SULTHANBATHERY, WAYANAD
PETITIONER/ APPLICANT PLAINTIFF:
ROBERT VAN INGEN AGED 86 YEARS S/O HENRY BOTHA VAN INGEN, RESIDING
AT 17294, SHAWS CREEK ROAD, BELFOUNTAIN, ON, CANADA, L7K OE 8,
(CANADIAN PASSPORT NO.AC341125) REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER SUBRAMANIAN PADMANABHA IYER, AGED 73 YEARS, S/O PADMANABHA
IYER, RESIDING AT MEENAKSHIMANDIR, PINANGODE ROAD, KALPETTA,
WAYANAD, PIN - 673121
RESPONDENTS/ RESPONDENTS/ DEFENDANTS:
1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, WAYANAD, CIVIL
STATION, KALPETTA, WAYANAD, PIN - 673121
2. MICHAEL FLOYD ESHWER AGED 56 YEARS S/O B.S.EASHWER, HOUSE TRAINER,
RESIDING AT 1/1, BANASWADI ROAD, COOK TOWN, BANGALORE, PIN - 560005
3. MS.MATILDA ROSMOND GIFFORD AGED 38 YEARS D/O NICK GIFFORD, RESIDING
AT NO.1, RUE DU MURAIS, 62780, ST.REMY AU BOIS, FRANCE REPRESENTED
BY HER POWER OF ATTORNEY HOLDER HELEN ROBERTSON, AGED 77 YEARS, W/O
ALEN ROBERTSON, RESIDING AT NO.143416, A CROSS, ROOPA NAGAR, BOGADI,
MYSORE, PIN - 560026
4. MICHAEL MELVILLE VAN INGEN AGED 80 YEARS S/O HENRY BOTHA VAN INGEN,
"THE LAND" 8/V, KYATHAMANARA HALLI ROAD, NAZARBAD POST, MYSORE,
KARNATAKA., PIN - 570019
OP (Civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to pass
an order staying Exhibit P4 order dated 24-06-2022 in IA No. 1 of 2022 and
direct the Sub Court, Sulthan Bathery to number the unnumbered O.S of 2022
and proceed with the same in accordance with law peding disposal of the
above Original Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of OP(C) and upon hearing the arguments of
M/S P.B.KRISHNAN, P.B.SUBRAMANYAN, SABU GEORGE & MANU VYASAN PETER,
Advocates for the petitioners and of GOVERNMENT PLEADER, For the
respondent 1, the court passed the following:
OP(C) No.1197/2022 2/3
O R D E R
Issue notice before admission to the respondents 2 to 4. Learned Government Pleader takes notice for the 1st respondent. Not withstanding the dismissal of Exhibit P2 application by Exhibit P4 order, the petitioner would be at liberty to get back the power of attorney that was produced and seek adjudication of the same as provided u/s 18 of the Kerala Stamp Act.
Post after service is complete.
Sd/- C.S.DIAS JUDGE 06-07-2022 /True Copy/ Assistant Registrar OP(C) No.1197/2022 3/3 APPENDIX OF OP(C) 1197/2022 Exhibit-P2 A TRUE COPY OF I.A NO.1 OF 2022 IN UNNUMBERED O.S OF 2022 ON THE FILE OF THE SUB COURT, SULTHAN BATHERY, DATED 22-06-2022 Exhibit-P4 A TRUE COPY OF THE ORDER DATED 24-06-2022 IN I.A NO.1 OF 2022 IN UNNUMBERED O.S OF 2022 ON THE FILE OF THE SUB COURT, SULTHAN BATHERY