Kerala High Court
M/S. Karimala Granites And Aggregates ... vs Elsamma Sebastian 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. 4313 of 2012 (O)
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IA 6289/2011 IN OS.1395/2010 of PRL.SUB COURT,TRIVANDRUM
PETITIONER(S):
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1. M/S. KARIMALA GRANITES AND AGGREGATES PVT. LTD.
TC NO.21/77, KILLIPALAM, KARAMANA
THIRUVANANTHAPURAM
REPRESENTED BY ITS MANAGING DIRECTOR
K.J.THOMASKUTTY.
2. M/S. KANNAMTHANAM & COMPANY
TC 21/79(1), KILLIPALAM, KARAMANA
THIRUVANANTHAPURAM, REPRESENTED BY ITS PARTNER
K.J.THOMASKUTTY.
BY ADV. SRI.BECHU KURIAN THOMAS
RESPONDENT(S):
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1. ELSAMMA SEBASTIAN
THERUVANKUNNEL, NELLIKUTTY P.O., CHEMPERI
KANNUR.
2. ORIENT EXPORTS & IMPORTS
KARAMANA, THIRUVANANTHAPURAM-695 002.
3. M.T.VARGHESE
TC 20/1654, ORIENT HOUSE, KUNJALUMOODU
KARAMANA, THIRUVANANTHAPURAM-695 002.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13-12-2012, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 4313/2012
APPENDIX
PETITIONER(S) EXHIBITS
P1 : COPY OF THE PLAINT IN OS 1395/2010 ON THE FILES OF THE PRINCIPAL
SUBORDINATE JUDGE'S COURT, THIRUVANANTHAPURAM.
P2 : COPY OF THE ORDER OF ATTACHMENT DTD.9.3.2011 IN IA 1263/2011 IN OS
1395/2010 ON THE FILES OF THE PRINCIPAL SUBORDINATE JUDGE'S COURT,
THIRUVANANTHAPURAM.
P3 : COPY OF THE AFFIDAVIT AND CLAIM PETITION FILED IN IA 6289/2011 IN OS
1395/2010 ON THE FILES OF THE PRINCIPAL SUBORDINATE JUDGE'S COURT,
THIRUVANANTHAPURAM.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
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OP(C) NO. 4313 OF 2012
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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 Principal Subordinate Judge of Thiruvananthapuram to dispose of I.A. No. 6289/2011 in O.S. No. 1395/2010 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