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Kerala High Court

M/S.Karimala Granites And Agreegates ... vs Manikantan Nair on 13 December, 2012

Author: V.Chitambaresh

Bench: V.Chitambaresh

       

  

  

 
 
                             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                        PRESENT:

                           THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

           THURSDAY, THE 13TH DAY OF DECEMBER 2012/22ND AGRAHAYANA 1934

                                             OP(C).No. 4316 of 2012 (O)
                                                   --------------------------
               IA NO. 6293/2011 IN OS.189/2011 of I ADDL.SUB COURT,TRIVANDRUM


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

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

             BY ADV. SRI.BECHU KURIAN THOMAS


RESPONDENT(S)/COUNTER PETITIONERS/PLAINTIFF AND DEFENDANTS:
-----------------------------------------------------------

          1. MANIKANTAN NAIR
             T.C.23/243, ANANDA VILASOM COMPOUND VALIASALA
             REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SUNIL.P.

          2. ORIENT EXPORTS & IMPORTS
             ORIENT HOUSE, KUNJALUMMOODU, KARAMANA P.O.
             THIRUVANANTHAPURM-695002.

          3. M.T.VARGHESE
             ORIENTAL HOUSE, KUNJALUMMOODU, KARAMANA P.O.
             THIRUVANANTHAPURAM-695002.


            THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13-12-2012, THE COURT
          ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C) NO. 4316/2012

                                    APPENDIX


PETITIONER(S) EXHIBITS


EXHIBIT-P1:  TRUE COPY OF THE PLAINT IN O.S.189/2011 ON THE FILES OF THE FIRST
             ADDITIONAL SUBORDINATE JUDGE'S COURT, THIRUVANANTHAPURAM.

EXHIBIT-P2:  TRUE COPY OF THE ATTACHMENT DT.24.02.2011 IN O.S.189/2011 ON THE
             FILES OF THE FIRST ADDITIONAL SUBORDINATE JUDGE'S COURT,
             THIRUVANANTHAPURAM.

EXHIBIT-P3:  TRUE COPY OF THE AFFIDAVIT AND CLAIM PETITION FILED IN
             I.A.6293/2011 IN O.S.189/2011 ON THE FILES OF THE FIRST ADDITIONAL
             SUBORDINATE JUDGE'S COURT, THIRUVANANTHAPURAM.



RESPONDENTS' EXHIBITS : NIL


                                                             /TRUE COPY/


                                                             P.A. TO JUDGE.



                   V. CHITAMBARESH, J
                  --------------------------------
                  OP(C) NO. 4316 OF 2012
                 ------------------------------------
             Dated this the 13th 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 I Additional Subordinate Judge of Thiruvananthapuram to dispose of I.A. No. 6293/2011 in O.S. No. 189/2011 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