This petition sought expeditious disposal of a pending execution petition (E.P. No. 134 of 2017). The Court directed the subordinate court to conclude proceedings within six months.
Directed the Sub Court-III, Thiruvananthapuram to conclude the proceedings within six 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 SATHISH NINAN
FRIDAY ,THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940
OP(C).No. 3219 of 2018
AGAINST THE ORDER/JUDGMENT IN EP 138/2011 of II ADDL.SUB COURT,TRIVANDRUM
PETITIONER/S:
1 L. RADHIKA RANI, AGED 63 YEARS, W/O.LATE PARAMESWARAN CHETTIYAR, KUTHIRAVILAKAM VEEDU, T.C. NO.20/951, THYCAUD VILLAGE, KARAMANA P.O., THIRUVANANTHAPURAM, PIN-695002.
2 P.SIVAKUMAR,S/O.LATE PARAMESWARAN CHETTIYAR, KUTHIRAVILAKAM VEEDU, T.C. NO.20/951, THYCAUD VILLAGE, KARAMANA P.O., THIRUVANANTHAPURAM, PIN-695002.
4 R.UMALEKSHMI,D/O.LATE PARAMESWARAN CHETTIYAR, KUTHIRAVILAKAM VEEDU, T.C. NO.20/951, THYCAUD VILLAGE, KARAMANA P.O., THIRUVANANTHAPURAM, PIN-695002.
5 P.SANTHOSH KUMAR,S/O.LATE PARAMESWARAN CHETTIYAR, KUTHIRAVILAKAM VEEDU, T.C. NO.20/951, THYCAUD VILLAGE, KARAMANA P.O., THIRUVANANTHAPURAM, PIN-695002.
RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, PIN-695001.
OP(C).No. 3219 of 2018
2
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(C).No. 3219 of 2018
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JUDGMENT
All that the petitioners seek for is an expeditious
disposal of E.P.No.134 of 2017 pending on the files of the
Sub Court -III, Thiruvananthapuram. The judgment debtor is yet to file objections in the execution petition. It is noticed that the petitioners had filed an earlier execution petition as E.P.No.138/2012, pending which, there was a compromise. It
is only proper that the execution proceedings be taken to a logical conclusion at the earliest.
In the result, this original petition is disposed of directing the Sub Court-III, Thiruvananthapuram to conclude the proceedings as expeditiously as possible and at any rate
within a period of six months from the date of receipt of a copy of this judgment.
Sd/-
SATHISH NINAN, JUDGE
AMV/21/12/2018
OP(C).No. 3219 of 2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE EXECUTION PETITION EP NO. 138/2012 ON THE FILE OF THE HON'BLE SUB COURT-III, THIRUVANANTHAPURAM. EXHIBIT P2 TRUE COPY OF THE BALANCE STATEMENT AS ON 7/7/2018. EXHIBIT P3 TRUE COPY OF THE ATTACHMENT ORDER DATED 10/2/2014 PASSED BY THE 1ST ADDITIONAL SUB COURT, THIRUVANANTHAPURAM. EXHIBIT P4 TRUE COPY OF THE ORDER OF THE LOK ADALAT DATED 12/12/2015 IN EP 138/11 LAR NO. 283/2009. EXHIBIT P5 TRUE COPY OF THE EXECUTION PETITION EP NO. 134/2017 IN LAR NO. 283/2009 ON THE FILE OF THE HON'BLE SUB COURT, THIRUVANANTHAPURAM. EXHIBIT P6 TRUE COPY OF THE B DIARY IN EP NO. 138/2012 EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 23/9/2018 PASSED BY THIS HON'BLE COURT IN OP(C) NO. 2711/2018.
RESPONDENTS EXHIBITS : NIL
TRUE COPY P.A.TO JUDGE
1 issue framed by the court
Whether the execution proceedings should be concluded expeditiously.
L. RADHIKA RANI
P. SIVAKUMAR
P. JAYAPPRAKASH
R. UMALLEKSHMI
P. SANTHOSH KUMAR
THE STATE OF KERALA
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
