Petitioner challenged delay in execution proceedings. Court disposed of the original petition, directing the lower court to dispose of the pending execution petition by 31.08.2019.
Directed the Court below to take up and dispose of E.P. No.62/2018 as expeditiously as possible, on or before 31.08.2019.
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 SUNIL THOMAS
THURSDAY, THE 11TH DAY OF APRIL 2019 / 21ST CHAITHRA, 1941
OP(C).No. 946 of 2019
AGAINST THE ORDER IN EP 62/2018 in P.L.P No.18129/2016 of SUB COURT, OTTAPPALAM
PETITIONER:
MOHAN DAS N.S., AGED 48 YEARS, S/O.LATE M.G.S.MENON, PAULIN BUILDING, T.D.ROAD, KOCHI-11
BY ADVS. SRI.ARUN VALENCHERY SRI.T.S.SIMSON
RESPONDENTS:
GEEVAR J.KOLLANNUR, AGED 51 YEARS, S/O.JOSE K.V, KOLLANNUR HOUSE, BEHIND CITY AUTOMOBILES AYYAPPANKAVU, KOCHI-682018, NOW RESIDING AT PALAKKAL KOLLANNUR HOUSE, KAVUKODU DESOM, WEST BAZAR, CHALISSERY VILLAGE, OTTAPPALAM TALUK, CHALISSERY.P.O, PALAKKADU DISTRICT, PIN-679536.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(C).No. 946 of 2019
2
JUDGMENT
The petitioner herein has approached this Court lamenting that, there is delay in consideration of execution proceedings as E.P.No.62/2018 pending before the Sub Court at Ottappalam. Pursuant to the direction issued by this Court, the learned Additional Sub Judge, by his communication dated 26.03.2019 has undertaken to dispose of the E.P. itself on or before 31.08.2019. Having considered the limited prayer sought by the petitioner and the relief that is proposed to be granted, I am inclined to dispose of notice to the respondents, since any direction for early disposal can only enure to the benefit of both sides.
2. Having considered the entire facts, I am inclined to dispose of the original petition itself with a direction to the Court below to take up and dispose of E.P. NO.62/2018 as expeditiously as possible, at any rate, on or before 31.08.2019.
This original petition (civil) is disposed of as above.
Sd/-
SUNIL THOMAS JUDGE
VPK
OP(C).No. 946 of 2019
3
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBITS P1 TRUE COPY OF EXECUTION PETITION NO.62/2018 DATED 09/07/2018 IN P.P.P.NO.18129/2016 PENDING BEFORE THE SUB COURT, OTTAPALAM.
EXHIBITS P2 TRUE COPY OF OBJECTION DATED 30/11/2018 FILED BY THE RESPONDENT
// TRUE COPY //
PA TO JUDGE
VPK
1 issue framed by the court
Whether a writ petition seeking faster disposal of pending execution proceedings should be disposed of with a direction for expedited action.
Mohan Das N.S.
Geevar J.Kollannur
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
