Single Judge intervened in a writ petition to direct the Munsiff Court to expedite the disposal of a claim petition filed by a non-party, keeping execution proceedings in abeyance.
Directing the Munsiff Court to dispose of the claim petition within five months and keeping the delivery order in abeyance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY, THE 18TH DAY OF JULY 2016/27TH ASHADHA, 1938
OP(C).NO. 1586 OF 2016 (O)
E.P. NO.2/2015 IN O.S. NO.95/2011 OF THE MUNSIFF'S COURT, PEERMADE.
PETITIONER:
BABU KURIAKOSE, AGED 48 YEARS,M S/O. KURIAKOSE, VALLAKADAVUKARAYIL VAYALIL, MANJUMALA VILLAGE, PEERMEDE TALUK, IDUKKI DISTRICT-685 531.
BY ADVS.SRI.G.HARIHARAN SRI.SHINE VARGHESE SRI.PRAVEEN HARIHARAN SMT.A.ANJANA SMT.SMITHA PRAVEEN SMT.T.T.SHANIBA
RESPONDENTS:
1. THOMAS JACOB @ JINU, S/O. P.I. JACOB, PANACHIYIL HOUSE, OATHARA, KUTTOOR P.O - 670 306, THIRUVALLA, PATHANAMTHITTA DISTRICT.
2. M/S. POABS ENTERPRISES PRIVATE LIMITED, REGD. OFFICE KP 4/142, OTHARA ROAD, KUTTOOR P.O., THIRUVALLA - 670 306, PATHANAMTHITTA DISTRICT (REPRESENTED BY ITS DIRECTOR THOMAS JACOB @ JINU)
BY ADVS. SRI.N.JAMES KOSHY SRI.T.SANJAY
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 18-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).NO. 1586 OF 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1:COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE VANDIPERIYAR GRAMA PANCHAYATH RELATING TO BUILDING NO. VP VIII/597
EXT.P2:COPY OF THE SALE AGREEMENT DATED 30/10/2004 EXECUTED BY MR. SHAJAHAN IN THE NAME OF THE PETITIONER
EXT.P3:COPY OF THE RECEIPT NO. 4716036 ISSUED BY THE VANDIPERIYAR GRAMA PANCHAYATH ON 28/06/2013 RELATING TO THE BUILDING NO. VIII/597A IN THE NAME OF THE PETITIONER
EXT.P4:COPY OF THE LATEST BUILDING TAX RECEIPT ISSUED BY THE VANDIPERIYAR GRAMA PANCHAYATH ON 29/06/2016 RELATING TO THE BUILDING MENTIONED IN EXHIBIT-P1 AFTER CHANGE OF BUILDING NUMBER
EXT.P5:COPY OF THE APPLICATION FILED AS E.A 46/2016 IN E.P 2/2015 IN O.S 95/2011
EXT.P6:COPY OF THE EXECUTION PETITION E.P 2/2015 IN O.S 95/2011 PENDING BEFORE THE MUNSIFF COURT, PEERMADE.
RESPONDENTS EXHIBITS: NIL
/TRUE COPY/
P.A. TO JUDGE
SKV
K.RAMAKRISHNAN, J.
===================
O.P.(C). No.1586 of 2016
=======================
Dated this the 18th day of July, 2016
JUDGMENT
The petitioner has filed this petition for seeking intervention of this Court for disposal of Ext.P5 claim petition filed by him before the Munsiff's Court, Peermade for early disposal under Article 227 of the Constitution of India.
owner and occupier of the house with No. VP-VIII/597A of Vandiperiyar Grama Panchayat and it is having an extent of 5 cents of land in Survey No.159 of Manjumala Village, Peermade Taluk, Idukki District. The respondents 1 and 2 filed O.S. No.95 of 2011 before the Munsiff's Court, Peermade for declaration and recovery of possession of the property without impleading the petitioner as party to the proceedings and an ex parte decree was passed on 04.04.2012. Thereafter, they filed Ext.P6 execution petition for executing the ex parte decree. Though he filed Ext.P5 application stating that he has got right in the property and the decree
O.P.(C). No.1586 of 2016 2
cannot be executed against him, without disposing the application, court has passed an order of delivery. So the petitioner has no other remedy except to approach this Court
seeking the following reliefs:-
3. Heard Smt. Anjana, Counsel representing Shri. G.
Hariharan, counsel for the petitioner and Shri. James Koshy, counsel appearing for the respondents.
was filed in the year 2015. The claim petition was filed only in 2016. So the court below cannot be faulted for ordering
O.P.(C). No.1586 of 2016 3
delivery. However, counsel submitted that he had no objection in directing the court below to expedite the claim petition within a time frame.
The Munsiff Peermade is directed to dispose of the E.A. No.46 of 2016 in E.P. No.2 of 2015 in O.S. No.95 of 2011
O.P.(C). No.1586 of 2016 4
pending before that court as expeditiously as possible, at any rate within five months from the date of receipt of this judgment. Till then, delivery order if any passed by the court below is directed to be kept in abeyance.
With the above directions and observations, this Original
Petition is disposed of.
Registry is directed to communicate this judgment to the
court below at the earliest.
Sd/K.RAMAKRISHNAN, JUDGE
SKV
2 issues framed by the court
Whether the execution court is bound to adjudicate a pending claim petition before proceeding with execution proceedings.
Whether the impugned delivery order should be kept in abeyance pending the disposal of the claim petition.
1 provisions across 1 enactments
Babu Kuriaкоse
Thomas Jacob @ Jinu
M/s. Poabs Enterprises Private Limited
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
