High Court of Kerala petitioned for speedy disposal of an execution petition. Court directed lower court judge to expedite disposal within six months.
Directed lower court judge to dispose of execution petition within six months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 8TH DAY OF DECEMBER 2016/17TH AGRAHAYANA, 1938
OP(C).No. 2944 of 2016 (O)
--------------------------E.P NO. 269/12 IN A.R 802/11 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT-I, TRIVANDRUM
PETITIONER(S):
MUTHOOT VEHICLE & ASSET FINANCE LTD. FORMERLY KNOWN AS MUTHOOT LEASING AND FINANCE LTD, KURIAN TOWERS, OPPOSITE SARITHA THEATRE, BANERJI ROAD, ERNAKULAM, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MADHU. E, AGED 38, S/O. KELAPPAN, EDAVATH HOUSE, KARAYAD P.O., MEPPAYUR VIA, CALICUT.
BY ADVS.SRI.C.S.MANILAL SRI.S.NIDHEESH
RESPONDENT(S):
1. ANIL R S/O. RAGHAVAN UNNITHAN, CHIRAYIKONATH PUTHEN VEEDU, PATTIYARATHVILA, CHEMMARUTHI, PANAYARA P.O., VARKALA, TRIVANDRUM - 695 145.
2. BAHULEYA KURUP
S/O. RAGHAVAN UNNITHAN, ASWATHI, CHAVADIMUKKU, CHEMMARUTHI, PANAYARA P.O., VARAKALA, TRIVANDRUM - 695 145.
3. SASIKUMAR S/O. RAMAN KURUP, SREELAKSHMI, POTTIYARATHUMVILA, CHEMMARUTHI, PANAYARA P.O., VARAKALA, TRIVANDRUM - 695 145.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 08-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MLG
OP(C).No. 2944 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS ----------------------P1 TRUE COPY OF THE AWARD DATED 07.3.2012. P2 TRUE COPY OF THE EP NO. 269/12 IN AR 802/11 ON THE FILE OF ADDITIONAL DISTRIT COURT & SESSIONS COURT -I, TRIVANDRUM.
RESPONDENT(S)' EXHIBITS NIL
//TRUE COPY//
P.S.TO JUDGE
MLG
K. RAMAKRISHNAN, J.
....................................... O.P.(C).No.2944 of 2016
Dated this the 8th day of December, 2016.
JUDGMENT
This is a petition filed by the petitioner seeking intervention of this court for speedy disposal of EP.No. 269/2012 in AR.No.802/2011 pending before the First Additional District Court, Thiruvananthapuram under Article 227 of the Constitution of India.
“In obedience to the Official Memorandum referred to 1st above, I may humbly submit that the EP.No.269/2012 pending on the file of this court is posted for report of attachment. The property is already attached and report filed. Steps have to be completed for proclamation and sale of the property.
I am now holding full additional charge of this court. So, I humbly request to grant 6 months time to dispose of EP.No.269/2012 and I assure that every endeavour shall be taken to dispose of the case at the earliest”.
2
O.P.(C).No.2944 of 2016
The Second Additional District Judge, who is in charge of the First Additional District Judge, Thiruvananthapuram is directed to expedite the disposal of E.P.No.269/2012 as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment as undertaken in the report.
Registry is directed to communicate a copy of this judgment to the court below at the earliest.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl
1 issue framed by the court
Whether the High Court can direct the lower court to expedite the disposal of an execution petition pending before it.
MUTHOOT VEHICLE & ASSET FINANCE LTD.
ANIL R
K. RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
