The petitioner is a decree holder seeking directions to the executing court to dispose of the execution petition within a time frame. The High Court held that no order is necessary as there are no impediments to the execution process.
No order of this Court is necessary for the executing Court to dispose of the execution petition.
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.ABRAHAM MATHEW
WEDNESDAY, THE 3RD DAY OF FEBRUARY 2016/14TH MAGHA, 1937
OP(C).No. 344 of 2016 (O)
OS 390/2008 OF IST ADDITIONAL SUB COURT, THIRUVANANTHAPURAM.
PETITIONER:
ALEXANDER MATHEW, AGED 67 YEARS, S/O.LATE K.C.MATHEW, G-2, GALAXY EMPIRE, VAZHAKKALA VILLAGE, KAKKANAD P.O., KOCHI - 682 030.
BY ADV. SRI.B.JAYASURYA
RESPONDENT(S):
1. P.V.RAJAMMA, W/O.K.K.SWAMINATHAN, VIDHYA BHAVAN, THONNALLOR VILLAGE, ADOOR TALUK, PANDALAM VILLAGE,
2. VIDHYA, D/O.K.K.SWAMINATHAN, VIDHYA BHAVAN, THONNALLOR VILLAGE, ADOOR TALUK, PANDALAM VILLAGE,
3. SHINENATH, S/O.K.K.SWAMINATHAN, VIDHYA BHAVAN, THONNALLOR VILLAGE,
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C).No. 344 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS:
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
P.S. TO JUDGE
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K.ABRAHAM MATHEW, J.
=====================
O.P.(C) No.344 of 2016
==========================
Dated this the 3rd day of February, 2016
JUDGMENT
Petitioner is the decree holder in O.S.No.390/2008 of 1st Addl.Sub Court, Thiruvananthapuram. He has filed E.P.No.62/2015 to execute the decree which is for payment of money. He has attached a property of the judgment debtor. His request is to direct the executing court to dispose of the E.P within a time frame.
O.P is closed.
Sd/-
K.ABRAHAM MATHEW, JUDGE
rsr
1 issue framed by the court
Whether the Court must pass an order to direct the executing court to dispose of the execution petition within a time frame.
ALEXANDER MATHEW
P.V.RAJAMMA
VIDHYA
SHINENATH
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
