The High Court disposed of an original petition seeking direction to the Sub Court to consider a specific execution application before proceeding further in the main execution petition, granting a time-bound direction.
Direction to consider and dispose EA 132/2017 within 30 days and defer steps in EP 534/2015.
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 MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 9TH DAY OF FEBRUARY 2017/20TH MAGHA 1938
OP(C).No. 441 of 2017 (O)
PETITIONER(S):
K.S.SHEELA BEEGAM, AGED:60 YEARS, RESIDING AT TC 11/26, REHAMATH, NANTHENCODE, VELLUVEEDU MURI, KOWADIAR VILLAGE, TRIVANDRUM DISTRICT, REPRESENTED THROUGH HER POWER OF ATTORNEY HOLDER HAFFEES AHMED KANNU, AGED:42 YEARS, TC 43/162, SHANAS, KAMALESWARAM, TRIVANDRUM-695009.
BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH SRI.E.MOHAMMED SHAFI SRI.PRAJIT RATNAKARAN
RESPONDENT(S):
SREEKANTAN NAIR, S/O PADMANABHA PILLAI, AGED:60 YEARS, RESIDING AT ASWATHY BHAVAN, NEDUVELI MURI, VEMBAYAM VILLAGE, TRIVANDRUM-695615.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
OP(C).No. 441 of 2017 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
NIL
TRUE COPY
P.S. TO JUDGE
EL
ANU SIVARAMAN, J.
O.P(C).No. 441 of 2017
Dated this the 9th February, 2017
JUDGMENT
The prayers in this original petition are as follows:
counsel appearing for the respondent.
In the above view of the matter, this original petition is disposed of directing the court below to take up, consider and pass orders on Exhibit P8 within a period of 30 days from the date of receipt of a copy of this judgment. Further steps in the execution petition shall be deferred until orders are so passed by the court below.
ANU SIVARAMAN
JUDGE vgs9/2
1 issue framed by the court
Whether the Court below must consider the execution application before proceeding further in the execution petition.
K.S.Sheela Beegam
Sreekantan Nair
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
