Kerala High Court
Nizarudeen vs Sree Gokulam Chit And Finance Co.Ltd on 25 June, 2013
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2014/30TH MAGHA, 1935
OP(C).No. 511 of 2014 (O)
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OS 309/2012 OF MUNSIFF COURT, THIRUVANANTHAPURAM
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PETITIONER(S):
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NIZARUDEEN, S/O.MOHAMMED KASIM,
ANEESA MANZIL, CHEMPAKAMANGALAM, KORANI POST
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.J.JAYAKUMAR
RESPONDENT(S):
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SREE GOKULAM CHIT AND FINANCE CO.LTD,
REPRESENTED BY ITS MANAGING DIRECTOR, A.M.GOPALAN
S/O.A.M.CHATHU, LIJISHA, TRUSTI-PURAM
KODAMBAKKAM, CHENNAI - 24.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19-02-2014,
THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:
DCS
OP(C).No. 511 of 2014 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1: TRUE COPY OF PLAINT IN OS NO.309/2012 FILED BY THE
PETITIONER BEFORE THE MUNSIFF COURT III,
THIRUVANANTHAPURAM.
EXT.P2: TRUE COPY OF THE CHIEF AFFIDAVIT DATED 25/6/2013 FILED BY
THE PETITIONER BEFORE THE MUNSIFF COURT III,
THIRUVANANTHAPURAM.
EXT.P3: TRUE COPY OF THE WRITTEN STATEMENT DATED 27/6/2013 FILED
BY THE DEFENDANT IN O.S NO.309/2012 BEFORE THE MUNSIFF
COURT III, THIRUVANANTHAPURAM.
EXT.P4: TRUE COPY OF THE MORTGAGED DEED DATED 20/4/2006
EXECUTED BETWEEN THE PETITIONER'S VENDORS AND
RESPONDENT.
EXT.P5: TRUE COPY OF THE PETITION DATED 27/6/2013 FILED BY THE
RESPONDENT IN O.S NO.309/2012 BEFORE THE MUNSIFF COURT
III, THIRUVANANTHAPURAM.
RESPONDENT'S EXHIBITS :- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
V.CHITAMBARESH,J.
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O.P.(C) No. 511 of 2014
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Dated this the 19th day of February, 2014
J U D G M E N T
The petitioner confines his relief to an early disposal of a suit for redemption of mortgage. The petitioner is the plaintiff therein and the respondent/defendant has been set ex-parte in the suit. It is now pointed out that the respondent has filed an application to set aside the ex-parte order and accept the written statement on file. The application so filed by the respondent shall be dealt with before the Court closes from summer recess.
2. It is upto the petitioner thereafter to file application in the suit to advance the hearing and include the same in the list for trial. Any such application in O.S. No. 309/2012 on the file of the Court of the Munsiff of Thiruvananthapuram shall be dealt with accordingly.
The Original Petition is disposed of.
V.CHITAMBARESH JUDGE DCS