The High Court quashed impugned order under Article 227 of the Constitution due to unnecessary delay by the Sub Court in the disposal of an execution petition regarding a money decree.
The Sub Court, Neyyattinkara to dispose of EP No.1/2016 in OS No.344/2011 within two months from the date.
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 MARY JOSEPH
TUESDAY, THE 1ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944
OP(C) NO. 2081 OF 2022
AGAINST THE ORDER/JUDGMENT IN E.P.NO.1/2016 IN OS 344/2011 OF SUB
COURT, NEYYATTINKARA
PETITIONER/DECREE HODLER :-
N.PADMALEELA
AGED 44 YEARS
W/O. MADHUSOODHANAN NAIR R,
REVATHY NILAYAM, CHATHARA, KOLLAMCODE DESAM
VILAVAMKODU TALUK,
KANYAKUMARI DISTRICT, PIN – 629171
BY ADVS.
G.P.SHINOD
GOVIND PADMANAABHAN
AJIT G ANJARLEKAR
ATUL MATHEWS
GAYATHRI S.B.
RESPONDENT/JUDGMENT DEBTOR :-
SHARMILA R NAIR
AGED 51 YEARS
W/O. RAJASHEKARAN NAIR, 'SHILPA',
KALLUVETTANKUZHI,
ARAYOOR DESOM,CHENKAL VILLAGE,
NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM., PIN – 695132
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 2081 OF 20 22
2
JUDGMENT Dated this the 01st day of November, 2022
In view of the reliefs sought in the Original Petition notice to the respondent is dispensed with.
OP(C) NO. 2081 OF 20 22
3
Petition is filed. Being convinced of the reasons stated in the petition, this Court finds it expedient in the interest of justice to direct Sub Court, Neyyattinkara to dispose of E.P.No.1/2016 in O.S.No.344/2011 pending on it’s file within a period of two months from this day.
Original Petition stands disposed of accordingly.
Sd/-
MARY JOSEPH SMA JUDGE
OP(C) NO. 2081 OF 20 22
4
APPENDIX OF OP(C) 2081/2022
PETITIONER EXHIBITS :-
Exhibit P1A TRUE COPY OF THE DECREE IN O.S. NO.
344/2011 ON THE FILES OF THE SUB COURT,
NEYYATTINKARA DATED 30.09.2015
Exhibit P2A TRUE COPY OF THE EXECUTION PETITION,
E.P. NO. 1/2016 IN O.S. NO. 344/2011
PENDING ON THE FILES OF THE SUB COURT,
NEYYATTINKARA DATED 6.1.2016
Exhibit P3A TRUE COPY OF THE STAY OF SALE
PETITION E.A. 117/2022 IN E.P. NO.
1/2016 IN O.S. NO. 344/2011 PENDING ON
THE FILES OF THE SUB COURT,
NEYYATTINKARA DATED 26.08.2022
Exhibit P4A TRUE COPY OF OBJECTION TO E.A.
117/2022 IN E.P. NO. 1/2016 IN O.S. NO.
344/2011 PENDING ON THE FILES OF THE
SUBCOURT,NEYYATTINKARADATED
02.09.2022
2 issues framed by the court
Whether the subordinate court has delayed the disposal of the execution petition unreasonably.
Whether a direction is warranted in the interest of justice expediting the disposal of pending execution proceedings.
2 provisions across 1 enactments
N. Padmaleela
Sharmila R. Nair
Mary Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court