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Swamiji Case - CBI To Traceout Judgment Debtor - Kerala HC 2015
Swamiji Case - CBI To Traceout Judgment Debtor - Kerala HC 2015
Swamiji Case - CBI To Traceout Judgment Debtor - Kerala HC 2015
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937
Tr.P(C).No. 496 of 2014 ()
--------------------------(AGAINST EP.NO.167/2011 IN O.S.NO.34/2000 ON THE FILE OF THE IV ADDL.
DISTRICT COURT, THIRUPATHI TRANSMITTED TO DISCTRICT COURT, ERNAKULAM
FOR EXECUTION AS PER ORDER DATED 21.2.2011 AND NOW PENDING BEFORE THE
I ADDL. DISTRICT COURT, ERNAKULAM)
PETITIONER(S):
-----------------SRIMAD SUDHINDRA THIRTHA SWAMIJI,
REPRESENTED BY HIS GENERAL POWER OF ATTORNEY
HOLDER SRI.GURUPUR GANAPATHY PRABHU
S/O.LATE GURUPUR DAMODARA PRABHU
RESIDING AT NO.1, MANUSMRITHI, RELIEF ROAD
DAULAT NAGAR, SANTACRUZ (W), MUMBAI - 400 054.
BY ADVS.SRI.R.VENKATARAMANI (SENIOR ADVOCATE)
SRI.R.LAKSHMI NARAYAN
SMT.R.RANJINI
RESPONDENT(S):
------------------1.
ADDL. 2.
ADDL.3.
Tr.P(C) No.496/2014
:2:
ADDL.4.
V.RAJKUMAR KAMATH,
S/O.SHRI.A.VASUDEVA KAMATH
HOUSE NO.XL/7183, T.D.ROAD
ERNAKULAM, COCHIN - 682 035.
ADDL.5.
ADDL.6.
ADDL.7.
G.RATNAKARA PRABHU
S/O.LATE GOVINDA PRABHU, HOUSE NO.63/1226
KANAKA VIHAR, CEMETRY JUNCTION,
ERNAKULAM, COCHIN 682 035.
ADDL.8.
ADDL.9.
ADDL.10.
ADDL.11.
ADDL.12.
EXHIBIT P2
EXHIBIT P3
EXHIBIT P4
EXHIBIT P5
EXHIBIT P6
EXHIBIT P7
EXHIBIT P8
RESPONDENT(S) EXHIBITS
NIL.
//TRUE COPY//
P.S. TO JUDGE.
'C.R.'
V.CHITAMBARESH, J.
--------------------Tr.P (C) No.496 of 2014 &
I.A.No.17447 OF 2013 IN OP(C) No.256/2013
--------------------Dated this the 12th day of August, 2015
O R D E R
An
decree
elusive
holder
run
invisible to the
'Swamiji'
from
pillar
literally
to
makes
post.
He
the
remains
Math
Samsthan
administration could
to
wrest
its
control
and
declaration
Madathipathi
counter
that
claim
the
was
second
laid.
The
plaintiff
suit
for
is
the
The counter
of the
The second
deities
Samsthan
to
and
other
articles
belonging
the
first
defendant.
The
to
the
deities
and
the
court
of
the
IV
Additional
District
Judge,
transmitted
Judge, Ernakulam
the
to
the
court
the
District
Additional
District
Judge,
Ernakulam.
to
comprising
get
back
the
deities
of
gold
jewelery
and
studded
other
articles
with
diamonds,
Sudhindra
Thirtha
Swamiji
The
grant
of
E.P.No.167/2011
police
is
Thirtha Swamiji v.
(2) KLT 203].
aid
to
concluded
execute
by
the
decree
Srimad
in
Sudhindra
extracted hereunder:a)
b)
case and to
said Court.
c)
produce
the
same
in
the
4.
It
has
inter
alia
been
stated
in
the
produce'
I.A.No.17447/2013
the
second
has
been
plaintiff
filed
to
in
court.
re-open
OP(C)
No.256/2013
tracing
complaining
out
the
of
second
the
tardy
plaintiff
progress
and
to
in
issue
I directed the
A statement was
fact
that
two
special
teams
of
police
were
criminal
cases
have
already
been
registered
Kochi
Range
expressing
his
helplessness
and
defendant
seeking
to
withdraw
E.P.No.167/2011
court
below
due
to
the
recalcitrant
attitude
to
the
would
prayer
be
contending
achieved
by
that
no
withdrawal
useful
of
the
It is now
operative
part
of
the
common
judgment
dated
The
parties
are
at
variance
as
to
whether
Civil
the
counter
claim
and
even
its
number
was
not
The pendency
since
there
is
no
stay
of
execution
of
the
I
on
heard
behalf
Mr.R.Venkataramani,
of
the
first
Senior
defendant,
Standing
Counsel
on
behalf
of
the
Central
Bureau of Investigation.
7.
No
doubt
this
Court
can
withdraw
any
by
Section
24(3)(b)
of
the
CPC
after
the
The execution
This is the
purport
the
and
intent
of
Section
39(4)
of
CPC
as
additional burden.
from
the
court
of
the
Additional
57(c)
consequential
of
the
Kerala
development.
Police
The
Act,
2011
statutory
is
provision
Such
officer
shall
register
the
information in a manner similar to the
procedure prescribed for a cognizable
offence
and take immediate action to
locate the missing person.
v.
Emperor
The amplitude
(30)
1943
Oudh
325]
as
The
lawful right
first
defendant
articles
declared by
to
mentioned
get
in
back
the
the Court
the
enables the
deities
inventory
and
the
of
the
report
The
C.C. No.
another
wherein
non
bailable
warrant
issued
The
range
has
in
statement
expressed
his
The following is
9.
and
others
Vs.
Committee
for
West
Protection
of
been
filed
on
behalf
of
the
Central
Bureau
of
The
of
the
community
who
are
interested
in
The efficacy
valuables
of
the
Samsthan
cannot
be
allowed
to
be
The
being
able
to
render
assistance
beyond
such
limits
limitation
in
view
to
of
move
outside
the
the
registration
the
There is
territorial
of
Crime
before
force
the
him
jurisdictional
to
be
within
Magistrate
the
which
jurisdictional
entrust
case
to
the
Central
Bureau
of
obeisance
to
the
first
defendant
who
is
the
The decree
This is
Central
Bureau
of
Investigation.
The
following
exercised
the
power
to
transfer
investigation from the State Police to
CBI in cases where such transfer is
considered necessary to discover the
truth and to meet the ends of justice
or because of the complexity of the
issues arising for examination or where
the
case
involves
national
or
international ramifications or where
people holding high positions of power
and influence or political clout are
involved.
What is important is that
while
the
power
to
transfer
is
exercised sparingly and with utmost
care and circumspection this Court has
more often than not directed transfer
of cases where the fact situations so
demand.
this
limited
purpose
and
I.A.No.17447/2011
is
shall
forthwith
hand
over
the
files
to
the
O.S.No.34/2000
for
statistical
purposes
without
(C)
No.496/2014
is
dismissed
and
No
costs.
Sd/-
V.CHITAMBARESH,
Judge.
nj.