Kerala High Court

OP(C)/3719/2017 of SMT. SOMALATHA V Vs THE MANAGER, NORTH MALABAR GRAMIN BANK on 29 December 2017

COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 OP(C).No. 3719 of 2017 (O) --------------------------- O.S.NO.269/2014 OF MUNSIFF'S COURT, KANNUR ----------------- PETITIONER/2ND DEFENDANT :

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939

OP(C).No. 3719 of 2017 (O)

---------------------------

O.S.NO.269/2014 OF MUNSIFF'S COURT, KANNUR

-----------------

PETITIONER/2ND DEFENDANT :

------------------------------------------------ SMT. SOMALATHA.V., AGED 54 YEARS, W/O.VENUGOPALA PILLAI, RESIDING AT PATHANAMTHITTA AND NOW WORKING AS NURSE, HEALTH CENTRE, PATHANAMTHITTA-689 581

BY ADVS.SRI.S.SREEKUMAR (KOLLAM) SMT.V.BEENA

RESPONDENT(S)/PLAINTIFF & 1ST DEFENDANT :

-------------------------------------------------------------------------

1. THE MANAGER,

NORTH MALABAR GRAMIN BANK

(NOW RENAMED AS KERALA GRAMIN BANK),

PALLIKKUNNU BRANCH, KANNUR-670 004.

2. MR. SHIBU.Y., AGED 55 YEARS, S/O.YOHANNAN, AND NOW WORKING AS MASS MEDICAL OFFICER, DISTRICT MEDICAL OFFICE, MAHARAJA'S COLLEGE.P.O., ERNAKULAM-682 035

R1 BY SRI.T.R.RAVI, SC,

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 3719 of 2017 (O)

APPENDIX

Page 1 of 3

PETITIONER'S EXHIBITS:

P1COPY OF THE IA.NO.3707/2017 DATED 18/12/2017 IN OS.NO.269/2014 OF THE HON'BLE MUNSIFF'S COURT, KANNUR FOR CONDONING THE DELAY IN FILING THE APPLICATION FOR SETTING ASIDE THE EXPARTE DECREE, FILED BY THE PETITIONER.HON'BLE MUNSIFF'S COURT, KANNUR FOR CONDONING THE DELAY IN FILING THE APPLICATION FOR SETTING ASIDE THE EXPARTE DECREE, FILED BY THE PETITIONER.

P2COPY OF THE IA.NO.3708/2017 DATED 18/12/2017 IN OS.NO.269/2014 OF THE HON'BLE MUNSIFF'S COURT, KANNUR FOR SETTING ASIDE THE EXPARTE DECREE, FILED BY THE PETITIONER.HON'BLE MUNSIFF'S COURT, KANNUR FOR SETTING ASIDE THE EXPARTE DECREE, FILED BY THE PETITIONER.

P3COPY OF THE EXECUTION PETITION IN E.P.NO.55/2017 IN OS.NO.269/2014 OF THE HON'BLE MUNSIFF'S COURT, KANNUR FILED BY THE 1ST RESPONDENT/DECREE HOLDER.THE HON'BLE MUNSIFF'S COURT, KANNUR FILED BY THE 1ST RESPONDENT/DECREE HOLDER.

RESPONDENT'S EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

A.MUHAMED MUSTAQUE, J.

`````````````````````````````````

O.P.(C). No.3719/2017

`````````````````````````````````

Dated this the 29th Day of December, 2017

J U D G M E N T

Page 2 of 3

In O.S.No.269/2014 on the file of the Munsiff'sCourt, Kannur, the petitioner was set ex parte. Thepetitioner filed an application to set aside the exparte decree along with the delay condonationapplication. In the light of the above there shall bea direction to the Munsiff's Court, Kannur to disposeof the application filed to set aside the ex partedecree and also the petition to condone the delaywithin a period of two months. Till the applicationsas above are considered, all further proceedings toexecute the decree shall stand stayed.

The original petition is disposed of as above.

Sd/-

ln

A.MUHAMED MUSTAQUE, JUDGE

Page 3 of 3

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