IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
OP(C) NO. 1542 OF 2022
E.A.NO.808/2022 IN E.P.NO.146/2019 IN LAR 23/2012 OF
PRINCIPAL SUB COURT, KOZHIKODE
PETITIONER/PETITIONER/DECREE HOLDER:
SUNDARAN K.
AGED 54 YEARS
UPAGRAHAM, PUNNATH VEEDU,
VELIPRAM AMSOM, DESOM,
KOZHIKODE, PIN - 673633
BY ADVS. MITHUN P.
MERIN THOMAS
RESPONDENTS/RESPONDENTS/ JUDGMENT DEBTORS:
1 STATE OF KERALA,
REPRESENTED BY THE SPECIAL TAHSILDAR (L.A.),
KOYILANDY, KOZHIKODE, PIN - 673305
2 THE MANAGING DIRECTOR
KINFRA, KINFRA HOUSE, SASTHAMANGALAM,
THIRUVANANTHAPURAM, PIN - 695010
BY ADV S.L. SYLAJA, GOVERNMENT PLEADER
SRI. P.U. SHAILAJAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.1542/2022
-:2:-
Dated this the 25th day of August,2022
JUDGMENT
The original petition is filed to direct, the Court of the Principal Subordinate Judge, Kozhikode, to consider and dispose of E.A.No.808/2022 in E.P.No.146/2019 in L.A.R. No.23/2012 within a time frame.
2. Pursuant to the order passed by this Court on 19.08.2022, the learned Principal Subordinate Judge, Kozhikode, by communication dated 22.08.2022, has informed this Court that E.A.No.808/2022 is filed by the petitioner under Rule 28 of the Civil Rules of Practice, seeking permission to get the case conducted by another counsel. After filing of E.A.No.808/2022, the former counsel of the petitioner has filed two applications as E.A.Nos.831/2022 & 941/2022. The three applications are posted to 23.08.2022. The court below would make every endeavour to dispose of the O.P.(C)No.1542/2022 -:3:- applications within 15 days.
3. Heard; Sri. Mithun. P, the learned counsel appearing for the petitioner, the learned Government Pleader appearing for the first respondent and Sri. P.U. Shailajan, the learned Standing Counsel appearing for the second respondent.
4. Sri. R.Bindu Sasthamangalam appeared and submitted that the petitioner's former counsel appearing for him before the court below, desires to get himself impleaded in this original petition, for the purpose of submitting that he has filed two applications in the execution petition, and those applications may be considered before the consideration of E.A.No.808/2022, since the petitioner has not paid the lawyer fees of the counsel. Therefore, if the cheque application is allowed, the former counsel may not get his fee. Also, the former counsel O.P.(C)No.1542/2022 -:4:- has filed a suit for recovery of his lawyer fees. Hence, he prayed that the original petition may be disposed of by directing the court below to first consider and dispose of E.A.Nos.831/2022 & 941/2022, before considering E.A.No.808/2022.
In the light of the pleadings and materials on record, the communication of the learned Principal Subordinate Judge, Kozhikode, and rival submissions made across the Bar, I am of the firm view that the court below is to be directed to consider and dispose of E.A.Nos.808/2022, 831/2022 & 941/2022, simultaneously, in accordance with law, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment. Needless to mention, if the petitioner's former counsel has any grievance regarding his legal fees, it is upto him to work out his O.P.(C)No.1542/2022 -:5:- remedies in accordance with law.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS,JUDGE
DST/25.08.22 //True copy/
P.A.To Judge
O.P.(C)No.1542/2022
-:6:-
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE AFFIDAVIT WITH PETITION IN
E.A. NO. 808 OF 2022 IN E.P. NO. 146 OF 2019 IN L.A.R. NO. 23 OF 2012 ON THE FILE OF THE PRINCIPAL SUB COURT, KOZHIKODE DATED 24.5.2022 RESPONDENTS' EXHIBITS: NIL