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Kerala High Court

M/S.Karimala Granites & Aggregates ... vs James K.Koshy on 11 December, 2012

Author: V. Chitambaresh

Bench: V.Chitambaresh

       

  

  

 
 
                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT:

                        THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

            TUESDAY, THE 11TH DAY OF DECEMBER 2012/20TH AGRAHAYANA 1934

                                   OP(C).No. 4250 of 2012 (O)
                                       --------------------------
               IA.NO.7390/2011 IN OS.878/2011 of II ADDL.SUB COURT,TRIVANDRUM


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

             M/S.KARIMALA GRANITES & AGGREGATES PVT.LTD.
             T C NO 21/77,KILLIPALAM, KARAMANA
             THIRUVANANTHAPURAM
             REPRESENTED BY ITS MANAGING DIRECTOR
             K J THOMASKUTTY

             BY ADVS.SRI.BECHU KURIAN THOMAS
                        SRI.PAUL JACOB (P)


RESPONDENT(S):
--------------

          1. JAMES K.KOSHY
             JAMES VILLA, CPT JUNCTION, KACHANI P.O
             THIRUVANANTHAPURAM
             REP.BY ITS POWER OF ATTORNEY HOLDER MR.JOIJI K JAMES

          2. M/S.ORIENT EXPORTS AND IMPORTS
             KARAMANA, THIRUVANANTHAUPRAM
             REPRESENTED BY ITS MANAGING PARTNER
             MR M T VARGHESE, M/S.ORIENT EXPORTS AND IMPORTS
             KILLIPALAM, KARAMANA, THIRUVANANTHAPURAM-695002

          3. M T VARGHESE, MANAGING PARTNER
             M/S.ORIENT EXPORTS AND IMPORTS ,KILLIPALAM
             KARAMANA P.O.,THIRUVANANTHAPURAM-695002

            THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11-12-2012, THE COURT
          ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C) NO. 4250/2012


                                  APPENDIX


PETITIONER(S) EXHIBITS

EXT.P1:-     TRUE COPY OF THE PLAINT IN OS 878/2011 ON THE FILES OF THE
             SECOND ADDITIONAL SUBORDINATE JUDGE'S COURT,
             THIRUVANANTHAPURAM

EXT.P2:-     TRUE COPY OF THE ORDER OF ATTACHMENT DTD 28/7/2011 IN IA
             4421/2011 IN OS 878/2011 ON THE FILES OF THE SECOND additional
             SUBORDINATE JUDGE'S COURT,THIRUVANANTHAPURAM

EXT.P3:-     TRUE COPY OF THE AFFIDAVIT AND CLAIM PETITIN FILED IN IA 7390/2011
             IN OS 878/2011 ON THE FILES OF THE SECOND ADDITIONAL
             SUBORDINATE JUDGE'S COURT, THIRUVANANTHAPURAM.



RESPONDENTS' EXHIBITS : NIL


                                                            /TRUE COPY/


                                                            P.A. TO JUDGE.



                   V. CHITAMBARESH, J
                  --------------------------------
                  OP(C) NO. 4250 OF 2012
                 ------------------------------------
             Dated this the 11th day of December, 2012


                           JUDGMENT

The only prayer urged at the time of hearing is for an early consideration of a claim petition preferred to a property attached before judgment in a suit for realisation of money. The claim so preferred under Order XXXVIII Rule 8 of the Code of Civil Procedure shall be adjudicated in the manner prescribed under Order XXI Rule 58 of the Code of Civil Procedure.

2. I direct the court of the II Additional Subordinate Judge of Thiruvananthapuram to dispose of I.A. No. 7390/2011 in O.S. No. 878/2011 on its file within a period of two months from the date of receipt of a copy of this judgment.

No further directions are called for and the Original Petition is disposed of.

V. CHITAMBARESH JUDGE ncd