A civil petition by the decree holder seeking directions to the execution court to quickly decide pending petitions filed by respondents that are obstructing the execution of a decree in a specific performance suit.
Directed the execution court to consider and pass orders on pending petitions within two months from receipt of copies of this judgment.
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.HARILAL
THURSDAY, THE 14TH DAY OF JULY 2016/23RD ASHADHA, 1938
OP(C).No. 825 of 2016 (O) -------------------------EA NO. 446/2015 IN EP. NO. 154/2003 IN OS NO. 735/94 SUB COURT, KOLLAM
PETITIONER(S):
E.K. SHAMSUDEEN,AGED 63 YEARS, S/O EBRAHIM KUTTY, RESIDING AT SHIFAS UMAYANALLOOR, KOLLAM
BY ADVS.SRI.P.MARTIN JOSE
SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.S.VAIDYANATHAN
RESPONDENT(S):
1. LEELA KRISHNAN NAIR,AGED 61 YEARS, S/O KUTTAN PILLAI, RESIDING AT VAZHAYIL PUTHEN VEEDU, AYTHIL, VADAKKEVILA, KOLLAM 691 010
2. SANTHAMMA AMMA,AGED 65 YEARS, D/O GOURIKUTTY AMMA, VAZHAYIL PUTHEN VEEDU, AYATHIL, VADAKKEVILA, KOLLAM 691 010
3. GOURIKUTTY AMMA,AGED 85 YEARS, VAZHAYIL VEEDU, AYATHIL, VADAKKEVILA, KOLLAM 691 010
4. ANIL KUMAR,AGED 51 YEARS, S/O KUTTAN PILLAI, VAZHAYIL VEEDU, AYATHIL, VADAKKEVILA, KOLLAM 691 010
5. G. LALITHAMBIKA,AGED 58 YEARS, W/O RADHAKRISHNAN, NAVAMI, VALATHUNGAL P.O, KOLLAM 691 018
OP(C).No. 825 of 2016 (O)
6. K. SUSHAMA DEVI,AGED 59 YEARS, D/O GOURIKUTTY, KALEELIL VEEDU, PADINJATTEKKARA P.O, THEVALAKKARA VILLAGE, KOLLAM 690 524
7. GOPINATHAN NAIR, AGED 79 YEARS, S/O PARAMESWARAN PILLAI, VADAKKEVILAVEEDU,
ULIYAKOVIL CHERRY, KOLLAM EAST VILLAGE, KOLLAM 691 019
8. SANTHAMMA AMMA,AGED 67 YEARS., D/O GOURIKUTTY AMMA, VAZHAYIL PUTHENVEEDU, AYATHIL CHERRY, VADAKKEVILA VILLAGE, KOLLAM 691 010
SRI.N.K.SUBRAMANIAN SMT.B.BINDU SMT.GLORY THARAKAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 14-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
OP(C).No. 825 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1: | TRUE COPY OF THE JUDGMENT IN O.S NO 735 1994 OF SUB COURT, KOLLAM |
|---|---|
| EXHIBIT P2: | TRUE COPY OF THE DECREE IN O.S NO 735 1994 OF SUB COURT, KOLLAM |
| EXHIBIT P3: | TRUE COPY OF THE JUDGMENT IN R.F.A NO 173 OF 2003 DATED 28-01-2001 OF HIGH COURT OF KERALA |
| EXHIBIT P4: | TRUE COPY OF THE E.P NO 154 OF 2003 FILED BY THE PETITIONER BEFORE THE SUB COURT, KOLLAM |
| EXHIBIT P5: | TRUE COPY OF THE PLAINT AS OS NO 490 OF 2005 OF SUB COURT, KOLLAM |
| EXHIBIT P6: | TRUE COPY OF TRHE O.S NO 58 OF 2005 FILEDF BEFORE THE SUB COURT, KOLLAM |
| EXHIBIT P7: | TRUE COPY OF THE E.A NO 707 OF 2005 IN E.P NO 154/2003 IN O.S NO 735 OF 1994 |
| EXHIBIT P8: | TRUE COPY OF THE ORDER IN E.P NO 154 OF 2003 IN O.S NO 735 OF 1994 DATED 23-07-2007 OF SUB COURT |
| EXHIBIT P9: | TRUE COPY OF ORDER IN OP(C) NO 3191 OF 2013 DATED 26-08-2014 OF THIS HON'BLE COURTQ |
| EXHIBIT P10: | TRUE COPY OF THE JUDGMENT DATED 26-06-2015 IN O.S NO 490 OF 2005 OF SUB COURT, KOLLAM |
| EXHIBIT P11: | TRUE COPY OF THE JUDGMENT DATED 06-02-2015 IN O.S NO 58 OF 2005 OF SUB COURT, KOLLAM |
| EXHIBIT P12: | TRUE COPY OF THE CLAIM PETITION AS E.A NO 329/2015 IN E.P NO 154/2003 IN O.S NO 735/1994 OF SUB COURT, KOLLAM |
| EXHIBIT P13: | TRUE COPY OF THE OBJECTION TO EXHIBIT P12 PETITION |
| EXHIBIT P14: | TRUE COPY OF THE E.A NO 184 OF 2015 IN E.A NO 707/2005 IN E.P NO 154/2003 IN O.S NO 735/94 OF SUB COURT, KOLLAM |
OP(C).NO. 825 OF 2016 (O)
EXHIBIT P15: TRUE COPY OF THE E.A NO 334 OF 2013 IN E.P NO 154/2003 IN O.S NO 735/94 OF SUB COURT, KOLLAM
EXHIBIT P16: TRUE COPY OF E.A NO 185 OF 2015 IN E.A NO 334 OF 2013 IN E.P NO 154/2003 IN O.S NO 735/94 OF SUB COURT, KOLLAM
EXHIBIT P17: TRUE COPY OF THE E.A NO 67 OF 2015 IN E.A NO 707 OF 2005 IN E.P NO 154/2003 IN O.S NO 735/94 OF SUB COURT, KOLLAM
EXHIBIT P18: TRUE COPY OF E.A NO 446 OF 2015 IN E.P NO 154/2003 IN O.S NO 735/94 OF SUB COURT, KOLLAM
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A.TO JUDGE
bp
K. HARILAL, J.
- - - - - - -- - - - - - - - - - - - - -
Dated this the 14th day of July, 2016
J U D G M E N T
The petitioner herein is the Decree Holder,
in O.S. No.735 of 1994 of the Sub Court, Kollam. The
above suit was one for specific performance of an agreement, filed against respondents 1 and 2 herein. The suit was decreed and thereafter the matter went
up to this Court in First Appeal and thereafter Ext.P4 Execution Petition was filed in execution of
the decree for specific performance.
the 7th respondent filed Ext.P12 petition and the 1st respondent filed Ext.P15 petition under Order XXI Rule 58 of the Code of Civil Procedure, 1908 and now the proceedings in Execution Petition stand obstructed by filing of the aforesaid petitions.
O.P.(C) No. 825 of 2016
-: 2 :-
That apart, the petitioner also filed Ext.P18 petition, seeking preparation of the draft sale deed for the execution of the sale deed, in execution of the decree and the said petition is also pending due
to pendency of Exts.P7, P12 and P15 petitions.
is unable to enjoy the fruits of the decree, despite the long lapse of two decades. Hence, he has preferred this Original Petition (Civil), seeking a direction to the court below to consider and pass orders on Exts.P7, P12 and P15, within a time frame.
petitioner and the learned counsel appearing for the respondents.
the petitioner is unable to enjoy the fruits of the decree, despite the long lapse of two decades and
O.P.(C) No. 825 of 2016
-: 3 :-
the legal battle went up to this Court and got confirmed the decree.
This Original Petition (Civil) is disposed of accordingly.
Sd/- K. HARILAL,
DST
//True copy// P.A. To Judge
1 issue framed by the court
Whether the execution court is directed to expeditiously decide pending petitions obstructing the execution of a decree in a specific performance suit.
E.K. SHAMSUDEEN
LEELA KRISHNAN NAIR
SANTHAMMA AMMA
GOURIKUTTY AMMA
ANIL KUMAR
G. LALITHAMBIKA
K. HARILAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
