Petitioner filed a writ petition under Article 227 seeking directions to the Additional District Court to expedite and dispose of an execution petition within a prescribed time limit due to prolonged inactivity regarding delivery of auctioned property.
Direction to dispose of EA.114/2016 in EP.84/2010 expeditiously within three 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
WEDNESDAY, THE 9TH DAY OF NOVEMBER 2016/18TH KARTHIKA, 1938
OP(C).No. 2596 of 2016 (O)
--------------------------EA. NO.114/2016 IN E.P. NO.84/2010 OF ADDITIONAL DISTRICT COURT-I, ALAPPUZHA.
PETITIONER(S):
M/S. MUTHOOT VEHICLE AND ASSET FINANCE LTD., MUTHOOT CHAMBERS, II FLOOR, OPP:SARITHA THEATRE, BANERJI ROAD, ERNAKULAM-18, REPRESENTED BY POWER OF ATTORNEY HOLDER AND MANAGER, MADHU. E., S/O LATE KELAPPAN, AGED: 39 YEARS, EDAVATH HOUSE, KARAYAD P.O., CALICUT.
BY ADV. SRI.SHIJU VARGHESE.
RESPONDENT(S):
1. SUNDARESAN, AGED 49 YEARS, S/O PONNAPPAN, THEKKETHARAYIL HOUSE, MARARIKULAM NORTH P.O., CHERTHALA, ALAPPUZHA-688 549.
2. MEERA, AGED: 43 YEARS, W/O SUNDARESAN, THEKKETHARAYIL HOUSE, MARARIKULAM NORTH P.O., CHERTHALA, ALAPPUZHA-688 549.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
OP(C).No. 2596 of 2016 (O)
APPENDIX
PETITIONER'S EXHIBITS:-
P1 TRUE COPY OF EA NO. 114/2016 IN EP NO. 84/2010 DATED 19/05/2016.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
K.RAMAKRISHNAN, J
OP(C)No.2596 OF 2016
Dated this the 9th day of November 2016
J U D G M E N T
This is an application filed by the petitioner seeking
intervention of this court for early disposal of EA.114/2016 in EP.84/2010 pending before I Additional District Court, Alappuzha under Article 227 of Constitution of India..
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OP(C)No.2596 OF 2016
the petitioner has no other remedy except for approach
this court seeking the following reliefs:-
“Issue a direction to the 1st Additional District Court, Alappuzha to dispose Ext.P1 petition within a time limit prescribed by this Hon'ble Court”.
court has called for a report from the I Additional District Court, Alappuzha regarding the present stage of the case and time required for disposal of the same. The II Additional District Judge who is in charge of I Additional District Judge has sent a report which reads as follows:
“With reference to the above I may submit that EA 114/16 in EP 84/10 has been filed with a prayer to issue a warrant for delivery of the property purchased by the petitioner/decree holder in a Court auction for realising the decree amount ie.Rs.1,52,054/-. The property was purchased for Rs.1,82,750/- and the balance amount was deposited in the Court. The sale was confirmed and a sale certificate was also issued in his favour. Notice was issued to the respondents/ judgment debtors. They filed an objection stating, interaila, that the scheduled property has been mortgaged to the Kerala State Financial Corporation and it has the first charge in the
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property. The non joinder of the Financial Corporation is stated as a vitiating circumstance affecting the maintainability of the petition. The scheduled property is stated as imaginary. The case is now posted for hearing the merit of the objection to 28.11.16. At this juncture I may submit that no Presiding Officer is posted in the Additional District Court-I, Alappuzha and I am holding only the charge of the said Court. Under the said circumstance it is difficult to suggest a time limit within which the application can be heard and disposed of. However, I would try to dispose of the matter at the earliest as possible”.
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respect of which he is in charge as well. Though it was stated that he is holding full additional charge of that court, it is difficult to suggest time limit within the application can be heard and disposed of. But it can be disposed of at the earliest possible time. So considering the circumstances this court feels that the petition can be disposed of as follows:
The II Additional District Judge who is in charge of I Additional District Judge, Alappuzha is directed to expedite disposal of EA114/2016 in EP 84/2010 on the file of I Additional District Court, Alappuzha as expeditiously as possible at any rate within a period of three months from the date of receipt of this judgment.
Registry is directed to communicate this judgment to the court below at the earliest.
Sd/-
K.RAMAKRISHNAN, JUDGE
R.AV
3 issues framed by the court
Whether the court below should be directed to dispose of the execution petition for delivery of auctioned property within a specific time limit.
Whether the delay in disposal of the execution petition warrants intervention under Article 227 of the Constitution.
Whether a binding time limit can be prescribed for a judge-in-charge for disposal of pending execution petitions.
M/S. MUTHOOT VEHICLE AND ASSET FINANCE LTD.
SUNDARESAN
MEERA
K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
