The High Court of Kerala disposed of an original petition seeking an order to dispose of a pending execution application filed by the principal Sub Court, Thirssur, directing the executing judge to conclude the matter within two months.
Directed the Sub Judge to pass final orders on the execution application within two 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
MONDAY, THE 28TH DAY OF JANUARY 2019/8TH MAGHA, 1940
O.P.(C)No.124 of 2019
(SEEKING FOR AN EXPEDITIOUS DISPOSAL OF E.A.No.2045/2013 IN E.P.No.439/2008 IN O.S.No.1278/2007 OF PRINCIPAL SUB COURT, THRISSUR)
PETITIONER:
DHANLAXMI BANK LTD., REGISTERED OFFICE: DHANALAXMI BUILDING, POONKUNNAM, THRISSUR-680 002, REP. BY ITS AUTHORISED OFFICER.
BY ADVS. SRI.C.K.KARUNAKARAN SMT.LEKSHMI P. NAIR SRI.ARJUN SATHISH KUMAR
RESPONDENTS/RESPONDENTS/JUDGMENT DEBTORS:
1 AMMINI, AGED 75 YEARS, W/O. LATE PRABHAKARAN, VALAPPAD VILLAGE, CHAVAKKAD TALUK, VALAPPAD BEACH P.O., TRISSUR DT.680 567.
2 KRISHNAGIREESH, AGED 51 YEARS, S/O. LATE PRABHAKARAN, VALAPPADU VILLAGE, CHAVAKKAD TALUK, VALAPPAD BEACH P.O., TRISSUR DT.680 567.
3 THULASIRANGA, W/O. SURESH KUMAR, NATTIKA P.O., CHAVAKKAD TALUK, TRISSUR DT-680 566.
4 BHAGYALAKSHMI, W/O. SANTHOSH, THARAYIL HOUSE, THAI NAGAR, KALAMURI WEST, THAINAGAR, KODUNGALLOOR TALUK, TRISSUR DT-680 664.
O.P.(C)No.124 of 2019
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5 SHAJHI B.N., S/O. LATE NARAYANAN B.V., BHAGAVATHIPARAMBIL HOUSE, VALAPPADU BEACH P.O., TRISSUR DT-680 567.
6. MEENAKSHI, W/O. LATE NARAYANAN B.V., BHAGAVATHIPARAMBIL HOUSE, VALAPPADU BEACH P.O., TRISSUR DT-680 567.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O.P.(C)No.124 of 2019
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JUDGMENT
All that the petitioner seeks for is a
direction to the Sub Court, Thrissur to pass orders on E.A.No.2045/2011 pending on its files.
Considering the report called from the
Registry, I dispose of this original petition, directing the learned Sub Judge to pass final orders on the application E.A.No.2045/2011 as expeditiously as possible and at any rate, within a period of two months from the date of receipt of a copy of
this judgment.
Sd/-
SATHISH NINAN
JUDGE
ss
O.P.(C)No.124 of 2019
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 CERTIFIED COPY OF THE AFFIDAVIT AND APPLICATION DATED 18.10.2011 FILED IN E.A.2045 OF 2011 IN E.P.NO.439 OF 2008 IN O.S.NO.1278 BEFORE THE EXECUTING COURT.
EXHIBIT P2
CERTIFIED COPY OF THE PROCEEDINGS ON THE FILE OF THE PRINCIPAL SUB COURT, TRISSUR IN EA 2045 IN EP 439/20108 IN OS 1278/2007.
EXHIBIT P3
CERTIFIED COPY OF THE PROCEEDINGS ON THE FILE OF THE PRINCIPAL SUB COURT, TRISSUR IN E.P.439/2008 IN OS 1278/2007.
1 issue framed by the court
Whether the Sub Court should be directed to pass final orders on the pending execution application expeditiously.
DHANLAXMI BANK LTD.
AMMINI
KRISHNAGIREESH
THULASIRANGA
BHAGYALAKSHMI
SHAJHI B.N.
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
