M.Raghunathan vs Raghuprasad

Citation : 2022 Latest Caselaw 9341 Ker
Judgement Date : 10 August, 2022

Kerala High Court
M.Raghunathan vs Raghuprasad on 10 August, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
    WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                         OP(C) NO. 1366 OF 2022
   EP 37/2020    IN OS NO.536 OF 2012 OF PRINCIPAL MUNSIFF COURT,
                                PALAKKAD
PETITIONER:

          M.RAGHUNATHAN
          AGED 74 YEARS
          S/O. M.P.SIVASANKARAN NAIR, AGED 74, RESIDING AT
          SAROJINI SADANAM, A.V.P. ROAD, KANJIKODE, PALAKKAD
          DISTRICT - 678 621.

          BY ADVS.
          P.B.SUBRAMANYAN
          P.B.KRISHNAN
          SABU GEORGE
          MANU VYASAN PETER
          MEERA P.



RESPONDENT:

          RAGHUPRASAD
          AGED 46 YEARS
          S/O. N.MADHAVAN NAIR,
          RESIDING AT SAROJINI SADANAM, A.V.P. ROAD, KANJIKODE,
          PALAKKAD DISTRICT - 678 621., PIN - 678621


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10.08.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1366 OF 2022             2



             Dated this the 10th day of August, 2022

                            JUDGMENT

The original petition is filed to direct the Court of the Principal Munsiff, Palakkad, to consider and dispose of E.P.No.37/2020, within a time frame.

2. Pursuant to the order dated 29.07.2022 passed by this Court, the learned Principal Munsiff, Palakkad, by communication dated 02.08.2022, has informed this Court that on 29.03.2022, the Execution Petition was posted for objection and hearing in E.A. No.97/2022. The court below would dispose of the Execution Petition within three months.

3. Heard; Sri. P.B. Krishnan, the learned the counsel appearing for the petitioner. Even though notice has been served on the learned counsel appearing for the respondent before the court below, there is no appearance for him.

4. In the light of the pleadings and materials on record, and after perusing the communication of the learned Principal Munsiff, in exercise of the supervisory OP(C) NO. 1366 OF 2022 3 powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Principal Munsiff, Palakkad, to consider and dispose of E.P.No.37/2020, in accordance with law, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of the judgment.

The original petition is ordered accordingly.

SD/-

C.S.DIAS, JUDGE rmm10/08/2022 OP(C) NO. 1366 OF 2022 4 APPENDIX OF OP(C) 1366/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN R.P.NO.594 OF 2021 IN R.S.A.NO.686 OF 2016 AND CROSS OBJECTION NO.117 OF 2016, DATED 19-11-2021 Exhibit P2 TRUE COPY OF E.P.NO.37 OF 2020 IN O.S.NO.536 OF 2012 ON THE FILE OF THE PRL. MUNSIFF'S COURT, PALAKKAD, DATED 31- 1-2020 Exhibit P3 TRUE COPY OF E.A.NO.97 OF 2022 IN E.P.NO.37 OF 2020 IN O.S.NO.536 OF 2012 ON THE FILE OF THE PRL.MUNSIFF'S COURT, PALAKKAD, DATED 26-3-2022