Salimkumar P.K vs Pushpa Somarajan

Citation : 2021 Latest Caselaw 589 Ker
Judgement Date : 7 January, 2021

Kerala High Court
Salimkumar P.K vs Pushpa Somarajan on 7 January, 2021
            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
   THURSDAY, THE 7TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
                     OP(C).No.1897 OF 2020
     EP 29/2018 IN OS 55/2015 OF SUB COURT, PATHANAMTHITTA
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PETITIONER/PLAINTIFF/DECREE HOLDER:
             SALIMKUMAR P.K.,
             AGED 64 YEARS
             S/O.KUNJUPILLAI, AMBADY HOUSE, CHITTOOR MURI,
             DOCTOR'S LANE, PATHANAMTHITTA VILLAGE,
             KOZHENCHERRY TALUK

             BY ADVS.
             SRI.P.HARIDAS
             SRI.CHERIAN GEE VARGHESE
             SRI.BIJU HARIHARAN
             SRI.RENJI GEORGE CHERIAN
             SRI.P.C.SHIJIN
             SRI.RISHIKESH HARIDAS

RESPONDENTS/DEFENDANTS/JUDGMENT DEBTORS:

      1      PUSHPA SOMARAJAN
             W/O.SOMARAJAN, AGED ABOUT 47 YEARS, MANNIL HOUSE,
             ANAPPARA, KUMBAZHA MURI, PATHANAMTHITTA VILLAGE,
             KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT,
             PIN 689 653

      2      KAMAL SOMARAJAN
             S/O.SOMARAJAN, AGED ABOUT 19 YEARS, MANNIL HOUSE,
             ANAPPARA, KUMBAZHA MURI, PATHANAMTHITTA VILLAGE,
             KOZHENCHERRY TALUK,
             PATHANAMTHITTA DISTRICT, PIN 689 653

      3      POOJA SOMARAJAN (MONOR)
             AGED 16 YEARS, MANNIL HOUSE, ANAPPARA,
             KUMBAZHA MURI, PATHANAMTHITTA VILLAGE, KOZHENCHERRY
             TALUK, PATHANAMTHITTA DISTRICT, PIN 689 653
             REP.BY HER MOTHER AND GUARDIAN PUSHPA SOMARAJAN,
             W/O.SOMARAJAN, AGED ABOUT 47 YEARS, MANNIL HOUSE,
             ANAPPARA, KUMBAZHA MURI, PATHANAMTHITTA VILLAGE,
             KOZHENCHERRY TALUK,
             PATHANAMTHITTA DISTRICT, PIN 689 653

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
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                 O. P. (C) No.1897 of 2020
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           Dated this the 7th day of January, 2021

                        JUDGMENT

The petitioner who is the decree holder of a money decree seeks for a direction to the execution court to expedite the execution proceedings.

2. The report called for through the Registry reveals that, though the execution petition is of the year 2018, the 3rd judgment debtor was impleaded only in the year 2020 and that the case presently stands posted for objections.

In view of the above, I dispose of the original petition directing the execution court-Sub Court, Pathanamthitta, to expedite the proceedings in EP 29/2018.

Sd/-

SATHISH NINAN JUDGE kns/-

//True Copy// P.S. to Judge OP(C).No.1897 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE DECREE IN O.S.NO.55/2015 OF SUB COURT, PATHANAMTHITTA DATED 9.2.2018 EXHIBIT P2 TRUE COPY OF PETITION FOR EXECUTION FILED BY THE PETITIONER E.P.NO.29 OF 2018 IN O.S.NO.55/2015 OF SUB COURT, PATHANAMTHITTA UNDATED EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENTS IN E.P.NO.29 OF 2018 IN O.S.NO.55/2015 OF SUB COURT, PATHANAMTHITTA DATED 10.10.2019

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