The High Court of Kerala, under Article 227, accepted a report from the Additional Sub Judge, Kollam, and directed that court to dispose of a pending execution petition expeditiously within five months.
Directed Additional Sub Judge, Kollam to dispose of E.P.551/2010 expeditiously within five months.
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 24TH DAY OF OCTOBER 2016/2ND KARTHIKA, 1938
OP(C).No. 2350 of 2016 (O)
--------------------------EP.NO.551/2010 IN OS.NO.893/2009 OF SUB COURT, KOLLAM
PETITIONER(S):
1. VASANTHA KUMARI,
AGED 57, W/O. LATE. RADHAKRISHNA PILLAI, LEKSHMI, 2ND MILE STONE, KILIKOLLOOR P.O., PIN- 691 004, KOLLAM DISTRICT.
2. SHINY. V.R.,
BY ADVS.SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE
RESPONDENT(S):
1. SARAVANAN, AGED 71,
2. SASIKESH, S/O.SASIDHARAN, GEETANJALI, MUKKODU.P.O., MULAVANA, KOLLAM DISTRICT-691 503.
3. SHIMY.V.R., LEKSHMI, 2ND MILE STONE, KILIKOLLOOR.P.O- 691 004, KOLLAMD DISTRICT (PRESENT ADDRESS: P.O.BOX 52560, KARAMA, DUBAI, U.S.E)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP(C).No. 2350 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT. P2 COPY OF B DIARY PROCEEDINGS IN E.P. NO. 551/2010 TILL 25.11.2015.
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
K.RAMAKRISHNAN, J.
O.P. (Civil) No.2350 of 2016
Dated this the 24th day of October, 2016
JUDGMENT
This petition is filed by the petitioner seeking speedy disposal of E.P.551/2010 pending before the Sub Court, Kollam under Article 227 of the Constitution of India.
O.P. (Civil) No.2350 of 2016
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Rs.15,19,72,838/-. Further the property was mortgaged to Canara Bank, Ananthavalleeswaram, Kollam for taking a loan of Rs.15,00,000/-. He had also executed sale deed in respect of the property and the sale deed was registered ignoring the attachment orders of various courts. Radhakrishna Pillai filed W.P.(C)29488/2013 before this court, directing the registration authorities to conduct an enquiry regarding the same and writ petition is pending. In the mean time the execution petition was transferred from Principal Sub Court, Kollam to Additional Sub Court, Kollam on 18.07.2014, thereafter it is being posted on several occasions. The original decree holder died on 02.06.2016. Thereafter the petitioners got impleaded and the impleading application has been filed as E.A.184/2016, that application has also not been considered so far. The execution court is still taking steps to arrive at a settlement between the parties to unnecessarily prolong the matter. The first respondent also filed an application before the court below to set aside the award with a delay condonation application of 2419 days as Exts.P3 and P4, the court below is not passing any orders. So the petitioner has no other remedy except to approach this court, seeking the following reliefs:
i. To pass appropriate order directing the Additional Sub Court, Kollam to dispose of EP No.551/2010 in OS No.893/2009 expeditiously within a time limit to be specified by thus Hon'ble Court.
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ii. To pass appropriate order directing the Additional Sub Court, Kollam to dispose of EA No.184/2016 (impleading petition) filed by the petitioners in EP No.551/2010 expeditiously within a time limit to be specified by thus Hon'ble Court,
iii. Pass such other reliefs which this Hon'ble Court deems just and necessary and that may be prayed for by the petitioner while hearing the O.P.(C).
“I may submit the following report for your good selfs kind consideration. I took charge as Additional Sub Judge, Kollam on 19.05.2016. On 05.07.2016, one Vasanthakumari, W/o. decree holder filed EA 184/16, an impleading petition, and the same was allowed on 28.09.2016. Thereafter notice was ordered in EA 222/14, a petition for rateable distribution filed by Dr.P.N.Bhaskaran Nair and notice has been ordered in that petition and now EP stands posted to 24.10.2016 for return of notice in EA 222/14. I kindly request your goodself to grant me five months time to dispose of this EP. I may be excused in not filing the report on 06.10.2016 as directed.”
now trying to sent the matter for adalat again, but the petitioners
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wanted to dispose of the E.P. itself within a time frame on merits. Considering the fact that the settlement award was passed in the year 2010, and execution petition was filed by the original decree holder in 2010, this court feels that the court below has to be directed to dispose of the execution petition at the earliest. However in the report it has been mentioned that it will be disposed of within five months. So this court feels that the report can be accepted and the petition can be disposed of as follows:
The Additional Sub Judge, Kollam is directed to expedite disposal of E.P.551/2010 pending before that court as expeditiously as possible at any rate within five months from the date of receipt of this judgment as undertaken in the report on merit.
With the above direction and observation, the petition is disposed of.
Registry is directed to communicate this judgment to the court below immediately.
Sd/- (K. Ramakrishnan, Judge)
//True Copy//
P.A. to Judge
ss
1 issue framed by the court
Whether the High Court should direct the subordinate court to dispose of the pending execution petition expeditiously under Article 227.
1 provisions across 1 enactments
Vasanthakumari
Shiny V.R.
Saravanandan
Sasikesh
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
