Remanded

Dr Sibi T Chennakara @ Sibi Thomas v. Asha Theressa

Kerala HC16 Feb 2023OP(C)/330/2023

Case brief

AI extract

What is this about?

The High Court, in exercise of supervisory power under Article 227, directed the Additional Subordinate Judge, North Paravur, to dispose of EP No.127/2020 within eight months due to the judgment debtor having appeared, despite the respondent not appearing in the original petition.

What did the court decide?

Superintending power exercised under Article 227 of the Constitution of India to direct disposal of the execution petition within eight months.

Dr Sibi T Chennakara @ Sibi Thomas Vs Asha… — Civil Procedure and Limitation | Kerala HC (2023)

¶1

OP(C) NO. 330 OF 2023

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR.JUSTICE C.S.DIAS

¶6

THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶7

OP(C) NO. 330 OF 2023

¶8

OS 10/2017 OF ADDITIONAL SUB COURT,NORTH PARAVUR

¶9

PETITIONER/S:

¶10

DR SIBI T CHENNAKARA @ SIBI THOMAS
AGED 55 YEARS
S/O THOMAS, CHENNAKARA HOUSE, PADIVATTOM KARA,
EDAPPILLY SOUTH VILLAGE, KANAYANOOR TALUK, PIN - 682024
BY ADVS.
P.THOMAS GEEVERGHESE
TONY THOMAS (INCHIPARAMBIL)
E.S.FIROS
SRADHA MOHAN

¶11

RESPONDENT/S:

¶12

ASHA THERESSA
AGED 36 YEARS
D/O FRANCIS KANNUKKADAN, KANNUKKADAN HOUSE, KONNUR
DESOM, MURINGOOR SOUTH VILLAGE, MUKUNDAPURAM TALUK, PIN
- 680316

¶13

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

OP(C) NO. 330 OF 2023

¶15

¶16

JUDGMENT

¶17

The original petition is filed to direct the Court of the Additional Subordinate Judge, North Paravur, to consider and dispose of E.P.No.127/2020 within a time frame.

¶18

Pursuant to the order dated 08.02.2023 passed by this Court, the learned Additional Subordinate Judge, by communication dated 15.02.2023, has informed this Court that the judgment debtor has appeared in the execution petition and the execution petition stands posted to 25.03.2023 for objection and hearing. The court below requires at least eight months’ time to dispose of the execution petition.

¶19

Heard, Sri.P. Thomas Geeverghese, the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for her.

¶20

In the light of the pleadings and materials on record and after perusing the communication of the learned

¶21

OP(C) NO. 330 OF 2023

¶22

¶23

Additional Subordinate Judge, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Additional Subordinate Judge, North Paravur, to consider and dispose of E.P.No.127/2020, in accordance with law, as expeditiously as possible, at any rate, within a period of eight months from the date of receipt of a certified copy of this judgment.

¶24

The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE

okb/16.2.23

//True copy// P.S. to Judge

¶29

OP(C) NO. 330 OF 2023

¶30

¶31

APPENDIX OF OP(C) 330/2023

¶32

PETITIONER EXHIBITS
Exhibit.P1THE TRUE COPY OF THE FINAL JUDGMENT
IA.1189/2018 IN OS.10/2017 OF THE ADDITIONAL
SUB COURT,NORTH PARAVUR DATED.15.2.2020
Exhibit.P2THE TRUE COPY OF THE FINAL DECREE
IA.1189/2018 IN OS.10/2017 OF THE ADDITIONAL
SUB COURT,NORTH PARAVUR DATED.15.2.2020
Exhibit.P3THE TRUE COPY OF THE EXECUTION PETITION EP
127/2020 IN OS NO. 10/2017 OF THE ADDITIONAL
SUB COURT,NORTH PARAVUR DATED 15.12.2020
Exhibit.P4THE TRUE PRINTOUT OF THE ORDER DATED
24/11/2022 IN EP.127/2020 IN OS.10/2017OF THE
ADDITIONAL SUB COURT,NORTH PARAVUR
Exhibit.P5THE TRUE PRINTOUT OF THE ORDER DATED
9/12//2022 IN EP.127/2020 IN OS.10/2017OF THE
ADDITIONAL SUB COURT,NORTH PARAVUR
Exhibit.P6THE TRUE PRINTOUT OF THE ORDER DATED
2/2//2023 IN EP.127/2020 IN OS.10/2017OF THE
ADDITIONAL SUB COURT,NORTH PARAVUR
Exhibit.P7THE TRUE COPY OF JUDGMENT IN BHOJ RAJ GARG V.
GOYAL EDUCATIONAL AND WELFARE SOCIETY, 2022
LIVE LAW (SC) 976

Dr Sibi T Chennakara @ Sibi Thomas v. Asha Theressa

Case brief

What is this about?

What did the court decide?

Dr Sibi T Chennakara @ Sibi Thomas v. Asha Theressa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

J.Veni@Krishnaveni Rep.by Power of Attorny Holder Sasidharan. Vs Sri. B.Santhosh Kumar

Prathyakshya Raksha Daiva Sabha Represented by Its General Secretary, Vs J.Veni @ Krishna Veni

Muraleedharan Pillai Vs M/S Elampalloor Devaswom Trust

Kusumavally Vs Kishore K.N

Swami Gaudapadananda Puri Vs Kerala State

John Panicker Vs Noufal M Ikbal